Alaska Stat. § 47.25.975 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.975
Food stamp program.
Status: in_force

(a) The department is authorized to implement the food stamp program.

(b) Householders determined by the department to be eligible for assistance under the food stamp program may obtain food stamp allotments; however, under regulations adopted by the department, a householder may receive all or part of the value of the food stamp allotment in the form of a wage subsidy under AS 47.27.025 (e) if (1) the householder is a member of a family eligible for the Alaska temporary assistance program under AS 47.27 ; and

(2) the department determines that the wage subsidy authorized under this subsection would aid the householder in the successful completion of the family self-sufficiency plan under AS 47.27.030 .

(c) Food stamp allotments, other than a wage subsidy authorized under (b) of this section, shall be used to purchase food from retail food stores that have been approved for participation in the food stamp program. Eligible households living in certain remote areas shall be permitted to purchase certain items of hunting and fishing equipment for the purpose of procuring food for the household, except firearms, ammunition, and other explosives, in accordance with regulations that the Secretary of Agriculture adopts.
Alaska Stat. § 47.30.800 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.800
Conversion of involuntary outpatient treatment to inpatient commitment.
Status: in_force

(a) A respondent ordered by the court under the provisions of AS 47.30.700  47.30.915 to receive involuntary outpatient treatment may be required to undergo inpatient treatment when the provider of outpatient care finds that (1) the respondent is mentally ill and is likely to cause serious harm to self or others or is still gravely disabled; (2) the respondent's behavior since the hearing resulting in court-ordered treatment indicates that the respondent now needs inpatient treatment to protect self or others; (3) there is reason to believe that the respondent's mental condition will improve as a result of inpatient treatment; and (4) there is an inpatient facility appropriate to the respondent's need that will accept the respondent as a patient. Treatment for these respondents shall be available at state-operated hospitals at all times.

(b) Upon making the findings specified in (a) of this section, the provisions of AS 47.30.795 (c) relating to notice and AS 47.30.745 relating to hearings apply.
Alaska Stat. § 47.40.120 — AK Code / Title 47 / Chapter 47.40 / Section 47.40.120
Regulations.
Status: in_force

The Department of Health and the Department of Family and Community Services shall adopt regulations to implement AS 47.40.100  47.40.120 for purchases made by the respective departments.
Alaska Stat. § 47.20.080 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.080
Program eligibility.
Status: in_force

(a) A child and the child's family are eligible for core early intervention services and additional early intervention services under AS 47.20.060  47.20.290 if the child is under the age of three and (1) experiencing developmental delay or disability; or

(2) at risk of experiencing developmental delay or disability if early intervention services are not provided.

(b) If the department estimates that funding available for services under AS 47.20.060  47.20.290 will be insufficient to provide services to all persons who are eligible under (a) of this section, the department shall eliminate coverage for services in the following order: (1) additional early intervention services for persons eligible under (a)(2) of this section;

(2) additional early intervention services for persons eligible under (a)(1) of this section;

(3) core early intervention services for persons eligible under (a)(2) of this section; and

(4) core early intervention services for persons eligible under (a)(1) of this section.
Alaska Stat. § 47.32.150 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.150
Hearings.
Status: in_force

(a) Upon receipt of a timely request for a hearing by an entity regarding an enforcement action under AS 47.32.130 (a) or 47.32.140(d)(3), (5), (6), (7), or (9), the applicable department shall request the chief administrative law judge appointed under AS 44.64.020 to appoint an administrative law judge employed or retained by the office of administrative hearings to preside over a hearing conducted under this section. AS 44.62.330  44.62.630 and AS 44.64.060 apply to the hearing.

(b) Upon receipt of a timely request for a hearing by an entity regarding an enforcement action under AS 47.05.310 , AS 47.32.070 , or 47.32.140(d)(1), (2), (4), (8), (10), (11), or (12) or (f), the applicable department shall conduct a hearing in front of an officer appointed by the commissioner. A hearing under this subsection may be conducted on the record, in an informal manner, and may not be conducted under AS 44.62 or AS 44.64 . The appointed hearing officer may be a state employee.

(c) The decision following a hearing conducted under (a) or (b) of this section constitutes a final agency administrative order.

(d) A hearing conducted under this section shall take place within 120 days after the applicable department's receipt of the request for hearing. A hearing may be held on an expedited basis upon a showing of good cause. An expedited hearing shall be held within 60 days after the applicable department's receipt of the request for a hearing.
Alaska Stat. § 47.14.115 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.115
Training of foster parents.
Status: in_force

(a) If the department has placed a child in a foster home, the department shall, no less often than once quarterly, make available training that will assist the foster parent or parents in providing care that will meet the needs of the child placed in the home and the requirements established by the department in regulation.

(b) If the department determines that it is in the best interests of a child in the custody of the department to place the child with an adult family member who does not have a foster care home license under AS 47.32 , the department shall assist the adult family member in obtaining a license, including assisting the adult family member with obtaining any variances necessary to obtain the license, so that the family member is eligible for payments under AS 47.14.100 (b) and (d).
Alaska Stat. § 47.30.845 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.845
Confidential records.
Status: in_force

Information and records obtained in the course of a screening investigation, evaluation, examination, or treatment are confidential and are not public records, except as the requirements of a hearing under AS 47.30.660  47.30.915 may necessitate a different procedure. Information and records may be copied and disclosed under regulations established by the department only to (1) a physician or a provider of health, mental health, or social and welfare services involved in caring for, treating, or rehabilitating the patient;

(2) the patient or an individual to whom the patient has given written consent to have information disclosed;

(3) a person authorized by a court order;

(4) a person doing research or maintaining health statistics if the anonymity of the patient is assured and the facility recognizes the project as a bona fide research or statistical undertaking;

(5) the Department of Corrections in a case in which a prisoner confined to the state prison is a patient in the state hospital on authorized transfer either by voluntary admission or by court order;

(6) a governmental or law enforcement agency when necessary to secure the return of a patient who is on unauthorized absence from a facility where the patient was undergoing evaluation or treatment;

(7) a law enforcement agency when there is substantiated concern over imminent danger to the community by a presumed mentally ill person;

(8) the department in a case in which services provided under AS 47.30.660  47.30.915 are paid for, in whole or in part, by the department or in which a person has applied for or has received assistance from the department for those services;

(9) the Department of Public Safety as provided in AS 47.30.907 ;

information provided under this paragraph may not include diagnostic or clinical information regarding a patient;

(10) the Department of Law as provided in AS 47.30.727 .
Alaska Stat. § 47.25.170 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.170
Granting of assistance.
Status: in_force

Upon the completion of its investigation, the department shall decide whether the applicant is eligible for and should receive assistance promptly under AS 47.25.120  47.25.300, the amount of assistance, the manner of paying or providing it, and the date on which the assistance shall begin. The department shall notify the applicant of its decision.
Alaska Stat. § 47.10.005 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.005
Construction.
Status: in_force

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

(2) follow the findings set out in AS 47.06.030 .
Alaska Stat. § 47.30.815 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.815
Limitation of liability; bad faith application a felony.
Status: in_force

(a) A person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person under AS 47.30.700  47.30.915 is not subject to civil or criminal liability.

(b) The following persons may not be held civilly or criminally liable for detaining a person under AS 47.30.700  47.30.915 or for releasing a person under AS 47.30.700  47.30.915 at or before the end of the period for which the person was admitted or committed for evaluation or treatment if the persons have performed their duties in good faith and without gross negligence: (1) an officer of a public or private agency;

(2) the superintendent, the professional person in charge, the professional designee of the professional person in charge, and the attending staff of a public or private agency;

(3) a public official performing functions necessary to the administration of AS 47.30.700  47.30.915;

(4) a peace officer or mental health professional responsible for detaining or transporting a person under AS 47.30.700  47.30.915.

(c) A person who wilfully initiates an involuntary commitment procedure under AS 47.30.700 without having good cause to believe that the other person is suffering from a mental illness and as a result is gravely disabled or likely to cause serious harm to self or others, is guilty of a felony.

Article 8. Patient Rights.
Alaska Stat. § 47.10.015 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.015
Physical harm.
Status: in_force

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

(2) a negligent act or omission by a parent, guardian, or custodian creates a substantial risk of injury to the child.
Alaska Stat. § 47.17.068 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.068
Penalty for failure to report.
Status: in_force

A person who fails to comply with the provisions of AS 47.17.020 or 47.17.023 and who knew or should have known that the circumstances gave rise to the need for a report, is guilty of a class A misdemeanor.
Alaska Stat. § 47.30.775 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.775
Commitment of minors.
Status: in_force

The provisions of AS 47.30.700  47.30.815 apply to minors. However, all notices required to be served on the respondent in AS 47.30.700  47.30.815 shall also be served on the parent or guardian of a respondent who is a minor, and parents or guardians of a minor respondent shall be notified that they may appear as parties in any commitment proceeding concerning the minor and that as parties they are entitled to retain their own attorney or have the office of public advocacy appointed for them by the court. A minor respondent has the same rights to waiver and informed consent as an adult respondent under AS 47.30.660  47.30.915; however, the minor shall be represented by counsel in waiver and consent proceedings.
Alaska Stat. § 47.32.032 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.032
Foster care license; variance.
Status: in_force

(a) The department shall streamline the application and licensing paperwork necessary for a person to be approved as a foster parent or relative placement to the extent consistent with federal law.

(b) The department shall approve a variance of the applicable building code requirements for licensure of a foster care home to the extent permitted by federal law if an applicant does not meet the requirements at the time of inspection and (1) the home design and construction is consistent with homes located in the community; and

(2) the home is otherwise a safe environment for a child.

(c) To the extent feasible, the department shall approve or deny a foster care home license, including a request for a variance under this section, not more than 45 days after the date the department receives the application for a foster care home license. If it is not feasible to approve or deny a foster care home license not more than 45 days after receiving the application, a supervisory-level employee may authorize a longer period of time for the decision, but the period must be the shortest period feasible.
Alaska Stat. § 47.05.200 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.200
Annual audits.
Status: in_force

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

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

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

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

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

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

(e) This section does not preclude the department from performing audits that are allowed or required under other laws.
Alaska Stat. § 47.14.225 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.225
Cooperation with state panel.
Status: in_force

(a) The department shall provide the panel access to information on child abuse or neglect cases that is necessary for the panel to carry out its duties under AS 47.14.215 .

(b) The department shall serve as staff to the state panel as requested by the panel members.
Alaska Stat. § 47.24.120 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.120
Immunity from liability; retaliation prohibited.
Status: in_force

(a) A person who in good faith makes a report under AS 47.24.010 , regardless of whether the person is required to do so, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report.

(b) An employer or supervisor of a person who in good faith makes a report under AS 47.24.010 may not discharge, demote, transfer, reduce pay or benefits or work privileges of, prepare a negative work performance evaluation of, or take other detrimental action against the person because the person made the report. The person making the report may bring a civil action for compensatory and punitive damages against an employer or supervisor who violates this subsection. In the civil action there is a rebuttable presumption that the detrimental action by the employer or supervisor was retaliatory if it was taken within 90 days after the report was made.
Alaska Stat. § 47.65.020 — AK Code / Title 47 / Chapter 47.65 / Section 47.65.020
Grants for community service programs.
Status: in_force

Not less than 60 percent of the amount appropriated by the legislature for older Alaskans service programs under AS 47.65.010  47.65.050 shall be allocated annually by the department as community program grants to sponsors of older Alaskans service programs. Payments shall be made on the basis of applications submitted to the department by sponsors of community programs.
Alaska Stat. § 47.06.040 — AK Code / Title 47 / Chapter 47.06 / Section 47.06.040
Material incorporated by reference.
Status: in_force

Under AS 44.62.245 (a)(2), in adopting or amending a regulation that incorporates a document or other material by reference, the department may incorporate future amended versions of the document or other material if the document or other material is (1) the federal poverty guidelines for the state prepared by the United States Department of Health and Human Services; or

(2) the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association.
Alaska Stat. § 47.30.708 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.708
Admission to and detention at a crisis residential center.
Status: in_force

(a) A respondent who is delivered to a crisis residential center for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional within three hours after arrival at the facility.

(b) The mental health professional who performs the emergency examination under (a) of this section may admit the respondent to the crisis residential center if the mental health professional has probable cause to believe that (1) the respondent has a mental illness and is suffering an acute behavioral health crisis and, as a result, is likely to cause serious harm to self or others or is gravely disabled; and

(2) the respondent's acute behavioral health crisis will be resolved during admission to the crisis residential center.

(c) If a mental health professional admits a respondent to a crisis residential center and a judicial order has not been obtained under AS 47.30.707 , the mental health professional may apply for an ex parte order under this section authorizing admission to the crisis residential center. Based on the application, if the court finds that probable cause exists to believe that the respondent has a mental illness and is suffering an acute behavioral health crisis and, as a result, is likely to cause serious harm to self or others or is gravely disabled and the respondent's acute behavioral health crisis will be resolved during admission to a crisis residential center, the court shall grant the application and appoint an attorney to represent the respondent. If the court finds no probable cause, the court shall order the respondent released.

(d) When, under (c) of this section, the court grants an ex parte application to admit a respondent to a crisis residential center, the court shall set a time for a hearing, to be held if needed within 72 hours after the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier, and the court shall notify the respondent, the respondent's attorney, the respondent's guardian, if any, the petitioner's attorney, if any, and the attorney general of the time and place of the hearing. Computation of the 72-hour period at a crisis residential center before a hearing does not include Saturdays, Sundays, and legal holidays, except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of the 72-hour period would result in the respondent being held for longer than 72 hours, the 72-hour period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday. The hearing shall be held at the crisis residential center in person, by contemporaneous two-way video conference, or by teleconference, absent extraordinary circumstances. If a hearing is held by contemporaneous two-way video conference, only the court may record the hearing. In this subsection, contemporaneous two-way video conference means a conference among people at different places by means of transmitted audio and visual signals, using any communication technology that allows people at two or more places to interact simultaneously by way of two-way video and audio transmission.

(e) In the course of the 72-hour period, a petition for 30-day commitment or for seven-day detention at a crisis residential center may be filed in court. A petition for 30-day commitment must conform with AS 47.30.730 . A petition for seven-day detention at a crisis residential center must be signed by two mental health professionals, one of whom must be a physician, who have examined the respondent. A copy of the petition shall be served on the respondent, the respondent's attorney, and the respondent's guardian, if any, before the hearing. The petition for detention must (1) allege that the respondent is suffering an acute behavioral health crisis and, as a result, is likely to cause serious harm to self or others or is gravely disabled;

(2) allege that resolution of the respondent's acute behavioral health crisis is likely during the admission to the crisis residential center;

(3) allege that the respondent has been advised of the need for, but has not accepted, voluntary treatment and request that the court order the respondent to be detained at the crisis residential center for up to seven days following the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier;

(4) list prospective witnesses; and

(5) list specific facts and describe behavior of the respondent supporting the allegations in (1)  (3) of this subsection.

(f) If, at a hearing held under (d) of this section, the court reviews a petition for 30-day commitment, the court shall hold the next hearing in accordance with AS 47.30.735 . If the court grants the petition for 30-day commitment, the respondent may remain at the crisis residential center until admission to a designated treatment facility.

(g) If, at a hearing held under (d) of this section, the court reviews a petition for seven-day detention at a crisis residential center, the respondent has the rights listed in AS 47.30.735 (b)(1)  (9). At the conclusion of a hearing on a petition for seven-day detention at a crisis residential center, the court (1) may order the respondent detained at the crisis residential center for up to seven days following the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier, if the court finds there is probable cause to believe that (A) the respondent is suffering an acute behavioral health crisis and, as a result, is likely to cause serious harm to self or others or is gravely disabled; and

(B) the respondent's acute behavioral health crisis will be resolved during admission to the crisis residential center; or

(2) shall order the respondent released if the court finds no probable cause.
Alaska Stat. § 47.24.013 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.013
Reports of undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of vulnerable adults in out-of-home care facilities.
Status: reserved

(a) If a report received under AS 47.24.010 pertains to the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that is alleged to have been committed by or to have resulted from the negligence of the staff or a volunteer of an out-of-home care facility, including a facility licensed under AS 47.32 , in which the vulnerable adult resides, the department may forward the report to the long term care ombudsman for investigation under AS 44.25.310 .

(b) The department shall investigate a report received under AS 47.24.010 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that is alleged to have been committed by or to have resulted from the negligence of the staff or a volunteer of an out-of-home care facility in which the vulnerable adult resides.

(c) Upon receipt of a report under (a) or (b) of this section, the long term care ombudsman and the department shall (1) conduct an investigation as appropriate under AS 44.25.310 or this title, respectively;

(2) coordinate and cooperate in their responses to and investigations of the report if their jurisdictions overlap.

(d) If the long term care ombudsman directly receives a report regarding the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult in an out-of-home care facility, the ombudsman may provide the report, and the results of the ombudsman's actions or investigations regarding the report, to the department's vulnerable adult centralized intake office. The ombudsman shall obtain the informed consent of the vulnerable adult or the vulnerable adult's resident representative before providing the report to the department. The department may investigate the report as described in AS 47.24.015 if the department determines that action is appropriate. In this subsection, resident representative has the meaning given in AS 44.25.390 .

(e) [Repealed, § 15 ch 19 SLA 2017.] (f) If an investigation conducted by an agency under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the agency shall report the matter to the Board of Nursing.
Alaska Stat. § 47.05.080 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.080
Recovery of overpayments.
Status: in_force

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

(b) The permanent fund dividend of a former recipient of a public assistance program listed under (a) of this section may be taken under AS 43.23.140 (b)(6) and 43.23.170 to satisfy the balance due on a defaulted overpayment claim.
Alaska Stat. § 47.10.084 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.084
Legal custody, guardianship, and residual parental rights and responsibilities.
Status: in_force

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

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

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

(d) When the child is placed in foster care, the foster parent has the right and responsibility to use a reasonable and prudent parent standard to make decisions relating to the child. The foster parent may make decisions under (a) or (b) of this section that include decisions relating to the child's participation in age-appropriate or developmentally appropriate activities, including travel, sports, field trips, overnight activities, and extracurricular, enrichment, cultural, and social activities. The department shall provide foster parents with training regarding the reasonable and prudent parent standard. In this subsection, reasonable and prudent parent standard means a standard characterized by careful and sensible decisions to maintain the health, safety, and best interests of the child while encouraging the emotional and developmental growth of the child.
Alaska Stat. § 47.25.430 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.430
Adult public assistance.
Status: in_force

(a) Financial assistance shall be given under AS 47.25.430  47.25.615, so far as practicable under appropriations made by law, to every aged, blind, or disabled needy resident who has not made a voluntary assignment or transfer of property to qualify for assistance. In this subsection, resident means a person who is living in the state voluntarily with the intention of making the state the person's home and who is not living in the state for a temporary purpose.

(b) The department shall determine the amount of assistance with regard to the resources and needs of the person and the conditions existing in each case. Assistance shall be in an amount that will provide the applicant with reasonable subsistence compatible with decency and health in accordance with standards established by the department and with the standards established under 42 U.S.C. 1381  1383 (Title XVI, Social Security Act Supplemental Security Income Program). Direct payments for medical services and remedial care may not be considered in determining the maximum amount payable. When benefit amounts under 42 U.S.C. 1381  1383 are increased as a result of an increase in the cost of living, the state shall pass along the increase to recipients and shall increase the amount of the state contribution to recipients, other than those receiving a personal needs allowance, by a percentage of the state contribution equal to the percentage increase in the benefit amounts under 42 U.S.C. 1381  1383 if the legislature has appropriated money specifically for the purpose of increasing the state contribution because of an increase in federal benefit amounts under 42 U.S.C. 1381  1383; this increase in the state contribution takes effect on the same day that the corresponding federal increase in benefits under 42 U.S.C. 1381  1383 takes effect.

(c) Payment under AS 47.25.430  47.25.615 may not be made to a person who is a resident of a public institution, except as a patient in a public medical institution, or a person who is a patient in a public or private institution for treatment of a mental disease. For purposes of this subsection, resident and patient do not include a person who is institutionalized for medical services for a period of less than three months if the person needs to continue to maintain and provide for the expenses of a home or living arrangement to which that person may return upon discharge from the institution.

(d) A resident of an institution may, upon or in anticipation of leaving the institution, apply for assistance under AS 47.25.430  47.25.615 instead of the support and maintenance provided in the institution.

(e) Notwithstanding (a) and (b) of this section, the department shall, in a manner that complies with federal requirements, reduce the maximum state contribution to recipients otherwise payable on August 24, 1993 to the maximum state contribution to recipients that was in effect on January 1, 1992. On and after August 24, 1993, the department shall, in a manner that complies with federal requirements, calculate the amount of monthly assistance for a recipient based on the maximum state contribution to recipients in effect on January 1, 1992, as modified by any increase under (b) of this section.

(f) Unless the person is not eligible under the limited eligibility provision of 8 U.S.C. 1613, a state payment under AS 47.25.430  47.25.615 shall be made to a person who (1) meets the requirements of state law;

(2) is a qualified alien as defined in 8 U.S.C. 1641; and

(3) otherwise meets the eligibility requirements of 42 U.S.C. 1381  1383.
Alaska Stat. § 47.33.040 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.040
Residents' money.
Status: in_force

(a) Except for advance payments under AS 47.33.030 , an assisted living home may not require a resident of the home to deposit with the home money that belongs to the resident. The provisions of (b) of this section do not apply to money that constitutes an advance payment under AS 47.33.030 .

(b) An assisted living home may accept, for safekeeping and management, money that belongs to a resident. The home shall establish a written policy for the management of such money and shall act in a fiduciary capacity with respect to that money, in accordance with regulations adopted by the licensing agency. A home is not required to accept money that belongs to a resident.
Alaska Stat. § 47.37.260 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.260
Application of Administrative Procedure Act.
Status: in_force

Except as otherwise provided in this chapter, AS 44.62 (Administrative Procedure Act) applies to and governs all administrative action taken by the department under this chapter.
Alaska Stat. § 47.30.470 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.470
Powers and duties of department.
Status: in_force

The department shall (1) ascertain and keep current a list of all institutions in the state that have available facilities for the care and treatment of alcoholics and drug abusers;

(2) encourage the development and advancement of standards of treatment of alcoholics and drug abusers in institutions;

(3) promote and encourage educational activities to make the public aware of the effects of intemperate use of alcoholic beverages and drugs, and promote and encourage the education of the general public about scientific facts regarding alcoholism and drug abuse;

(4) identify and utilize whatever facilities and services are available or can be made available through community organization for carrying out the purposes of this section, including identification and utilization for detoxification of under-utilized hospital beds;

(5) engage in research and educational activities that will aid in the understanding of alcoholism and drug abuse and in the treatment of alcoholics and drug abusers;

(6) administer a community grant-in-aid program for alcoholism and drug abuse;

(7) submit an annual report concerning alcoholism and drug abuse in the state and the grant-in-aid program within 10 days after the convening of the legislature in each regular session;

(8) prepare that part of the plan for the integrated comprehensive mental health program under AS 44.25.290 that relates to the services and facilities that are necessary for the care and treatment of persons identified as chronic alcoholics suffering from psychoses, as defined in AS 44.25.290 (b)(3) and (f); in preparing the plan of services for persons identified in this paragraph, the department shall coordinate with the Alaska Mental Health Trust Authority and the Advisory Board on Alcoholism and Drug Abuse;

(9) use money awarded to the department by grant or contract from the mental health trust settlement income account established under AS 37.14.036 and appropriated from the general fund to provide the necessary services identified in (8) of this section and in accordance with AS 44.25.290 .
Alaska Stat. § 47.05.115 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.115
Access to identifiable health information.
Status: in_force

Notwithstanding a contrary provision of law, the Department of Health and the Department of Family and Community Services shall share identifiable health information, regardless of the confidential nature of the information, between and within the departments as necessary to enable administration or operation of the sending or receiving department. Information shared in accordance with this section shall be acquired, used, disclosed, and stored in a confidential manner that safeguards the security of the information in a physically, administratively, and technologically secure environment. In this section, identifiable health information has the meaning given in AS 18.15.395 .
Alaska Stat. § 47.10.398 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.398
Immunity from liability.
Status: in_force

(a) A person in a shelter for runaways, or in a home for which an application to be designated a shelter for runaways is being considered by a corporation licensed for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392  47.10.399 and regulations adopted under those sections is not criminally liable under AS 11.51.130 (a)(4).

(b) Except as provided in (c) of this section, the provider of a shelter for runaways, or of a home for which an application to be designated a shelter for runaways is being considered by a corporation approved for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392  47.10.399 and regulations adopted under those sections and the members of the provider's household, other than a runaway minor, are not liable for civil damages as a result of an act or omission (1) in admitting or refusing to admit a runaway minor to the shelter or home; or

(2) by a runaway minor who is sheltered in the shelter or home.

(c) The provisions of (b) of this section do not preclude liability for civil damages as a result of recklessness or intentional misconduct.
Alaska Stat. § 47.20.310 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.310
Screening requirements.
Status: in_force

(a) Subject to (b) of this section, the physician in attendance at or immediately after the birth of a child in a hospital in this state, or, if a physician is not in attendance at or immediately after the birth, the person attending the newborn child in a hospital in this state, shall, unless medically contraindicated, cause the child to be screened to determine whether the child has a potential hearing impairment using the methods determined by the department under (e) of this section. Unless medically contraindicated, the screening shall occur before the newborn is released from the hospital or before the infant is 30 days old, whichever is earlier. Each birthing center that provides maternity and newborn care services shall provide that each newborn in the center's care is referred for an appointment to a licensed audiologist or to a hospital or other newborn hearing screening provider before discharge. Unless medically contraindicated, the screening shall occur before the infant is 30 days old.

(b) Notwithstanding (a) of this section, the physician or other person at or immediately after the birth of a child in a hospital or birthing center that averages less than 20 births a year is not required to screen the child as described in (a) of this section but shall, before the newborn is released from the hospital or birthing center, refer the child for screening at another facility or with another provider. Unless medically contraindicated, the screening shall occur before the child is 30 days old.

(c) If it is determined by screening that a newborn child may have a hearing impairment, the physician or other person who is required under (a) of this section to cause the child to be screened shall (1) refer the child for confirmatory diagnostic evaluation;

(2) make reasonable efforts to promptly notify the child's parent that the child may have a hearing impairment and explain to the parent the potential effect of the impairment on the development of the child's speech and language skills and psychosocial and cognitive development; and

(3) notify the department of the hearing screening results on a form approved by the department.

(d) When the Bureau of Vital Statistics receives a certificate of live birth under AS 18.50.160 for a newborn who was delivered at a place other than a hospital, the bureau shall notify the department employees who administer AS 47.20.310  47.20.390. The department employees shall notify the child's parents of the merits of having a hearing screening performed, and the department shall provide information to the parents to assist the parents in accomplishing the hearing screening within 30 days after the child's birth.

(e) The hearing screening required under this section shall use protocols established by the department. At a minimum, the protocols must include the use of at least one of the following physiologic technologies: automated or diagnostic auditory brainstem response (ABR) or otoacoustic emissions (OAE). The department shall consider updating the protocols as information is provided to the department that new physiologic technologies or improvements to existing physiologic technologies will substantially enhance newborn and infant hearing assessment.

(f) Notwithstanding (a) of this section, a physician or other person required to cause a newborn hearing screening under this section is exempt from this requirement if the parent of the newborn child objects to the screening procedure on the grounds that the procedure conflicts with the religious or other tenets and practices of the parent. The parent shall sign a statement that the parent knowingly refuses the services, and the physician or other person shall have a copy of the signed statement retained in the hospital records of the birth and sent to the department for tracking under AS 47.20.320 .

(g) The physician or other person required to cause a newborn hearing screening under this section shall report the results of newborn hearing screening as required by the department under AS 47.20.320 .
Alaska Stat. § 47.31.020 — AK Code / Title 47 / Chapter 47.31 / Section 47.31.020
Decision on eligibility.
Status: in_force

(a) Within 30 days after receiving a complete application, the department shall give notice in writing of an eligibility determination to the patient or the patient's legal representative. If the patient is found ineligible, the notice must contain the reason for the denial and an explanation of the patient's right to an administrative appeal of the denial.

(b) The department shall provide a copy of the notice of eligibility or ineligibility to the facility at which the patient was treated.
Alaska Stat. § 47.45.308 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.308
Ability to recover or recoup improper assistance or benefits.
Status: in_force

An individual is liable to the department for the value of assistance or benefits improperly paid to the individual under AS 47.45.302 or former AS 47.45.310 or 47.45.320 if the improper payment was based on inaccurate or incomplete information provided by the individual. In a civil action brought by the state to recover from the individual the value of assistance or benefits improperly paid under AS 47.45.302 or former AS 47.45.310 or 47.45.320, the state may recover from the individual the costs of investigation and prosecution of the civil action, including attorney fees as determined under court rules.
Alaska Stat. § 47.10.340 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.340
Confidentiality of records.
Status: in_force

Records of a licensed program for runaway minors that identify a minor who has been admitted to or has sought assistance from the program are confidential and are not subject to inspection or copying under AS 40.25.110  40.25.120, unless (1) after being informed of the minor's right to privacy, the minor consents in writing to the disclosure of the records;

(2) the records are relevant to an investigation or proceeding involving child abuse or neglect or a child in need of aid petition; or

(3) disclosure of the records is necessary to protect the life or health of the minor.
Alaska Stat. § 47.14.980 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.980
Grants-in-aid.
Status: in_force

The department may accept grants-in-aid from the federal government or private foundations and may accept other gifts consistent with the purposes of this chapter.
Alaska Stat. § 47.27.070 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.070
Alaska native organizations' family assistance programs.
Status: reserved

(a) The department may coordinate only with the following Alaska Native organizations, as designated under federal law, in the development of family assistance programs: (1) Arctic Slope Native Association;

(2) Kawerak, Inc.;

(3) Maniilaq Association;

(4) Association of Village Council Presidents;

(5) Tanana Chiefs Conference;

(6) Cook Inlet Tribal Council;

(7) Bristol Bay Native Association;

(8) Aleutian and Pribilof Island Association;

(9) Chugachmiut;

(10) Tlingit Haida Central Council;

(11) Kodiak Area Native Association;

(12) Copper River Native Association; and

(13) Metlakatla Indian Community of the Annette Islands Reserve; however, the department may cooperate with the Metlakatla Indian Community under this chapter only if the community waives any claim to sovereign immunity with respect to matters involved with the family assistance program.

(b) The department may cooperate with the Alaska Native organizations named in (a) of this section to propose program criteria to the Secretary of the United States Department of Health and Human Services in order to promote programs comparable to the state program in the same area.

(c) [Repealed, § 1 ch 13 31 SLA 2020.]
Alaska Stat. § 47.32.900 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.900
Definitions.
Status: in_force

In this chapter, (1) ambulatory surgical center means a facility that (A) is not a part of a hospital or a physician's general medical practice; and

(B) operates primarily for the purpose of providing surgical services to patients who do not require hospitalization;

(2) assisted living home (A) means a residential facility that serves three or more adults who are not related to the owner by blood or marriage, or that receives state or federal payment for services regardless of the number of adults served; the Department of Health shall consider a facility to be an assisted living home if the facility (i) provides housing and food services to its residents;

(ii) offers to provide or obtain for its residents assistance with activities of daily living;

(iii) offers personal assistance as defined in AS 47.33.990 ; or

(iv) provides or offers any combination of these services;

(B) does not include (i) a correctional facility;

(ii) an emergency shelter;

(iii) a program licensed under AS 47.10.310 for runaway minors;

(iv) a type of entity listed in AS 47.32.010 (b)(6)  (11) or (c)(2);

(3) child placement agency means an agency that arranges for placement of a child (A) in a foster home, residential child care facility, or adoptive home; or

(B) for guardianship purposes;

(4) entity means an entity listed in AS 47.32.010 (b) or (c);

(5) foster home means a place where the adult head of household provides 24-hour care on a continuing basis to one or more children who are apart from their parents;

(6) freestanding birth center means a facility that is not a part of a hospital and that provides a birth service to maternal clients;

(7) frontier extended stay clinic means a rural health clinic that is authorized to provide 24-hour care to one or more individuals;

(8) home health agency means a public agency or private organization, or a subdivision of a public agency or private organization, that primarily engages in providing skilled nursing services in combination with physical therapy, occupational therapy, speech therapy, or services provided by a home health aide to an individual in the individual's home, an assisted living home, or another residential setting; in this paragraph, (A) public agency means an agency operated by the state or a local government;

(B) subdivision means a component of a multi-function facility or home health agency, such as the home health care division of a hospital or the division of a public agency, that independently meets the requirements for licensure as a home health agency;

(9) hospice or agency providing hospice services or operating hospice programs means a program that provides hospice services;

(10) hospice services means a range of interdisciplinary palliative and supportive services (A) provided in a home or at an inpatient facility to persons who are terminally ill and to those persons' families in order to meet their physical, psychological, social, emotional, and spiritual needs; and

(B) based on hospice philosophy; for purposes of this subparagraph, hospice philosophy means a philosophy that is life affirming, recognizes dying as a normal process of living, focuses on maintaining the quality of remaining life, neither hastens nor postpones death, strengthens the client's role in making informed decisions about care, and stresses the delivery of services in the least restrictive setting possible and with the least amount of technology necessary by volunteers and professionals who are trained to help a client with the physical, social, psychological, spiritual, and emotional issues related to terminal illness so that the client can feel better prepared for the death that is to come;

(11) hospital means a public or private institution or establishment devoted primarily to providing diagnosis, treatment, or care over a continuous period of 24 hours each day for two or more unrelated individuals suffering from illness, physical or mental disease, injury or deformity, or any other condition for which medical or surgical services would be appropriate; hospital does not include a frontier extended stay clinic;

(12) host care home means a home in which the adult head of household resides and provides 24-hour care on a continuing basis under a license issued under AS 47.32.033 for an individual eligible under AS 47.07.048 .

(13) intermediate care facility for individuals with an intellectual disability or related condition has the meaning given in 42 C.F.R. 440.150;

(14) licensed entity means an entity that has a license issued under this chapter;

(15) maternity home means a place of residence the primary function of which is to give care, with or without compensation, to pregnant individuals, regardless of age, or that provides care, as needed, to mothers and their newborn infants;

(16) nursing facility means a facility that is primarily engaged in providing skilled nursing care or rehabilitative services and related services for those who, because of their mental or physical condition, require care and services above the level of room and board; nursing facility does not include a facility that is primarily for the care and treatment of mental diseases;

(17) residential child care facility means a place, staffed by employees, where one or more children who are apart from their parents receive 24-hour care on a continuing basis;

(18) residential psychiatric treatment center means a secure or semi-secure facility, or an inpatient program in another facility, that provides, under the direction of a physician, psychiatric diagnostic, evaluation, and treatment services on a 24-hour-a-day basis to children with severe emotional or behavioral disorders;

(19) runaway shelter means a facility housing a runaway child;

(20) rural health clinic (A) means a facility or clinic that is authorized to provide health care services and is located in a rural area;

(B) includes a frontier extended stay clinic;

(C) does not include a rehabilitation agency or a facility primarily for the care and treatment of mental diseases.

(21) subacute mental health facility means a facility, or a part or unit of a facility, that has been designed to evaluate, stabilize, and treat, on a short-term, intensive, and recovery-oriented basis, and without the use of hospitalization, individuals experiencing an acute behavioral health crisis, including a crisis stabilization center and a crisis residential center; in this paragraph, (A) crisis residential center means a subacute mental health facility that has a maximum stay of seven days for an involuntary admission;

(B) crisis stabilization center means a subacute mental health facility that has a maximum stay of 23 hours and 59 minutes.
Alaska Stat. § 47.14.265 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.265
Civil penalty for violation of AS 47.14.235.
Status: in_force

A violation under AS 47.14.235 is subject to a civil penalty of up to $2,500 for each violation.
Alaska Stat. § 47.17.030 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.030
Action on reports of harm; disclosure.
Status: in_force

(a) If a child, concerning whom a report of harm is made, is believed to reside within the boundaries of a local government exercising health functions for the area in which the child is believed to reside, the department may, upon receipt of the report, refer the matter to the appropriate health or social services agency of that local government. For cases not referred to an agency of a local government, the department shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.

(b) A local government health or social services agency receiving a report of harm shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child. In addition, the agency receiving a report of harm shall forward a copy of its report of the investigation, including information the department requires by regulation, to the department.

(c) Action shall be taken regardless of whether the identity of the person making the report of harm is known.

(d) Before the department or a local government health or social services agency may seek the termination of parental rights under AS 47.10 , it shall offer protective social services and pursue all other reasonable means of protecting the child.

(e) In all actions taken by the department or a health and social services agency of a local government under this chapter that result in a judicial proceeding, the child shall be represented by a guardian ad litem in that proceeding. Appointment of a guardian ad litem shall be made in accordance with AS 25.24.310 .

(f) If an investigation under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the department shall report the matter to the Board of Nursing.

(g) When the department or a local government health or social services agency (1) completes an investigation of a report of harm concerning a child, (2) determines, based on the investigation findings, that department or local agency services to protect the child are not required, and (3) identifies an appropriate community organization that will actively reach out to families to provide needed support services, the department or local government health or social services agency shall seek the written consent of the child's parent or guardian to refer the family to the community organization. If the parent or guardian consents to the referral, the department or local government health or social services agency shall refer the parent or guardian to the community organization identified by the department. If the child has more than one parent or guardian and only one parent or guardian consents to the referral, the department or local government health or social services agency shall refer the parent or guardian who consents to the community organization but may not provide information to the community organization concerning the parent or guardian who does not consent to the referral. A community organization that receives information from the department or a local government health or social services agency under this subsection may not disclose the information to a person who is not authorized by law to receive it.

(h) If a report of harm concerns a child of a member of the armed forces of the United States who is on active duty, the department shall, within seven days after receiving the report of harm, notify a designated authority at the duty station where the member is assigned that the department has received a report of harm concerning the child. A designated authority that receives information under this subsection may not disclose the information to a person who is not authorized by law to receive it. In this subsection, designated authority means a person designated by the armed forces of the United States to receive notification of reports of harm.
Alaska Stat. § 47.24.900 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.900
Definitions.
Status: in_force

In this chapter, (1) abandonment means desertion of a vulnerable adult by a caregiver;

(2) abuse means (A) the intentional, knowing, or reckless nonaccidental and nontherapeutic infliction of physical pain, injury, mental or emotional distress, or fear, including coercion and intimidation; or

(B) sexual assault under AS 11.41.410 or 11.41.420;

(3) caregiver means (A) a person who is providing care to a vulnerable adult as a result of a family relationship, or who has assumed some or all responsibility for the care of a vulnerable adult voluntarily, by contract, as an employee of a business that provides care in an adult's home, or by court order; or

(B) an employee of an out-of-home care facility who provides care to one or more vulnerable adults;

(4) deception means creating, reinforcing, or failing to correct a false impression or preventing another person from acquiring information that would affect the person's judgment regarding a transaction;

(5) decision making capacity means the ability to understand and appreciate the nature and consequences of a decision and the ability to reach and communicate an informed decision; in this paragraph, informed decision includes a decision made by the vulnerable adult that is free from undue influence;

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

(7) designee means another state agency or a community-based program, individual, or provider of supportive services that has been licensed, or authorized by agreement with the department, to provide one or more services to vulnerable adults;

(8) exploitation (A) means unjust or improper use of another person or another person's resources for one's own profit or advantage, with or without the person's consent; and

(B) includes acts by a person who stands in a position of trust or confidence with a vulnerable adult or who knows or should know that the vulnerable adult lacks the capacity to consent that involve obtaining profit or advantage through undue influence, deception, fraud, intimidation, or breach of fiduciary duty; in this subparagraph, fraud has the meaning given in AS 13.26.595 (1) and (2);

(9) fiduciary duty means the duty of a third party who stands in a position of trust or confidence with another person, including a vulnerable adult, to act with due regard for the benefit and interest of that person;

(10) financial institution means an institution subject to state or federal banking or financial regulations, including (A) a broker-dealer;

(B) a commercial bank;

(C) a savings bank;

(D) a credit union;

(E) a premium finance company;

(F) a small loan company;

(G) a bank holding company;

(H) a financial holding company;

(I) a trust company;

(J) a savings and loan association;

(K) a deferred deposit advance licensee;

(L) an investment bank;

(M) an insurance company subject to regulation by AS 21 ;

(N) a licensee subject to regulation by AS 21 ; and

(O) an investment adviser;

(11) incapacitated person means a person whose ability to receive and evaluate information or to communicate decisions is impaired to the extent that the person lacks the ability to provide or arrange for the essential requirements for the person's physical health or safety without court-ordered assistance;

(12) neglect means the intentional, knowing, or reckless failure by a caregiver to provide essential care or services or access to essential care or services or to carry out a prescribed treatment plan necessary to maintain the physical and mental health of the vulnerable adult when the vulnerable adult is unable to provide or obtain the essential care or services or to carry out the prescribed treatment plan on the vulnerable adult's own behalf; in this paragraph, essential care or services includes food, clothing, shelter, medical care, and supervision;

(13) person who stands in a position of trust or confidence means a person who (A) is a relative by blood or marriage;

(B) is a joint tenant or tenant in common;

(C) has a legal or fiduciary relationship; or

(D) is a person who has been entrusted with or has assumed responsibility for the use or management of the vulnerable adult's assets or income;

(14) police officer has the meaning given in AS 18.65.290 ;

(15) protective services means services that are intended to prevent or alleviate harm resulting from undue influence, abandonment, exploitation, abuse, neglect, or self-neglect and that are provided to a vulnerable adult in need of protection; in this paragraph, services includes (A) protective placement;

(B) applying for or obtaining public benefits;

(C) obtaining health care services and supplies;

(D) staying financial transactions;

(E) petitioning for a protective order under AS 13.26.401  13.26.460;

(F) assisting with personal hygiene;

(G) obtaining food and clothing;

(H) protection from physical and emotional abuse;

(I) obtaining representative payee services; and

(J) coordinating protective services;

(16) public home care provider has the meaning given in AS 47.05.017 (c);

(17) self-neglect means an act or omission by a vulnerable adult that results, or could result in the deprivation of essential services necessary to maintain minimal mental, emotional, or physical health and safety;

(18) supportive services means the range of services delivered by public and private organizations and individuals that assist the elderly and vulnerable adults with their social, health, educational, recreational, transportation, housing, nutritional, financial, legal, or other needs;

(19) unable to consent means refusal to, or inability to, accept services because (A) the person is an incapacitated person or apparently is an incapacitated person;

(B) of coercion by or fear of reprisal from the perpetrator of undue influence, abandonment, exploitation, abuse, or neglect;

(C) of dependency on the perpetrator of undue influence, abandonment, exploitation, abuse, or neglect for services, care, or support; or

(D) of an inability to perceive that refusal to consent results in an imminent and substantial danger of loss, waste, or dissipation of income or assets, eviction, physical or mental harm to self or others, or death;

(20) undue influence means the use by a person who stands in a position of trust or confidence of the person's role, relationship, or authority to wrongfully exploit the trust, dependency, or fear of a vulnerable adult to gain control over the decision making of the vulnerable adult, including decision making related to finances, property, residence, and health care;

(21) vulnerable adult means a person 18 years of age or older who, because of incapacity, mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, or disappearance, is unable to meet the person's own needs or to seek help without assistance.
Alaska Stat. § 47.12.140 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.140
Court dispositional order.
Status: in_force

In making its dispositional order under AS 47.12.120 (b)(1)  (3) and (5) and (j), the court shall (1) consider both the best interests of the minor and the interests of the public, and, in doing so, the court shall take into account (A) the seriousness of the minor's delinquent act and the attitude of the minor and the minor's parents toward that act;

(B) the minor's culpability as indicated by the circumstances of the particular case;

(C) the age of the minor;

(D) the minor's prior criminal or juvenile record and the success or failure of any previous orders, dispositions, or placements imposed on the minor;

(E) the effect of the dispositional order to be imposed in deterring the minor from committing other delinquent acts;

(F) the need to commit the minor to the department's custody or to detain the minor in a juvenile treatment facility, juvenile detention facility, secure residential psychiatric treatment center, or other suitable place in order to prevent further harm to the public;

(G) the interest of the public in securing the minor's rehabilitation; and

(H) the ability of the state to take custody of and to care for the minor; and

(2) order the least restrictive alternative disposition for the minor; for purposes of this paragraph, the least restrictive alternative disposition means that disposition that is no more restrictive than is, in the judgment of the court, most conducive to the minor's rehabilitation taking into consideration the interests of the public.
Alaska Stat. § 47.14.990 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.990
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires, (1) care or caring under AS 47.14.100 (c) means to provide for the physical, emotional, mental, and social needs of the child;

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

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

(4) criminal justice information has the meaning given in AS 12.62.900 ;

(5) delinquent minor means a minor found to be within the jurisdiction of the court under AS 47.12.020 ;

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

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

(8) juvenile probation officer has the meaning given in AS 47.12.990 ;

(9) juvenile treatment facility has the meaning given in AS 47.12.990 ;

(10) minor has the meaning given in AS 47.12.990 ;

(11) temporary secure juvenile holding area has the meaning given in AS 47.12.990 ;

(12) treatment institution means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment of juveniles.
Alaska Stat. § 47.80.150 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.150
Liability for expense of services.
Status: reserved

(a) A person with a disability or the person's legal representative acting in a representative capacity, the person's spouse, or the person's parents if the person is a minor shall pay or contribute to the payment of the charges for the care or treatment in accordance with the fee schedule adopted under AS 44.29.022 . The order of the department relating to the payment of charges shall be prospective in effect and may relate only to charges to be incurred, except that, if a person intentionally conceals ability to pay, the person shall be ordered to pay to the extent of the person's ability to pay the charges accruing during the period of the concealment. The order of the department relating to the payment of charges by the person with a disability or the person's legal representative, or the person's spouse or parents, shall be issued within six months of the date on which the charge was incurred. The department may make necessary investigations to determine the ability to pay. The order shall remain in full force and effect unless modified by subsequent court or department orders.

(b) As used in (a) of this section, the term actual cost of the care and treatment means the lesser of (1) the rate provided for by a contract entered into under this chapter, (2) the fee established under AS 44.29.022 for services provided under this chapter, or (3) if the person is under the age of 18, the cost of care of a person of the same age who is not a person with a disability and who resides with a parent or guardian, and includes expenses of transportation incidental to treatment and carrying out the intent of this chapter. In establishing fees for services under this chapter, the commissioner shall consider the income and family size of the responsible party, age of the person receiving the services, and other factors that relate to the ability to pay. Fees may not exceed the actual cost of the care or treatment.

(c) [Repealed, § 101 ch 138 SLA 1986.] (d) The department may charge, or accept money or property from a person, for the care or treatment of an inpatient or outpatient or for other purposes, even if the payment is not required by an order of the department. The total payments received may not exceed the actual cost of care or treatment.

(e) All money paid to the department by the person with a disability or on the person's behalf, under this section, shall be deposited in the general fund.

(f) If an order of payment is entered by the department under this section and delinquency in the payment of any amount due the state under the order continues for a period of more than 30 days after the notification by the department to the person, the legal representative, parent, or spouse of the person with a disability, the state may proceed to collect the amounts due by appropriate proceedings. Actions to enforce the collection of payments may only be brought within three years after the date of notification of a delinquent payment.

(g) [Repealed, § 28 ch 90 SLA 1991.]
Alaska Stat. § 47.10.960 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.960
Civil liability.
Status: in_force

(a) Failure to comply with a provision of this title does not constitute a basis for civil liability for damages.

(b) Nothing in this section shall be construed to prohibit a civil action for common law negligence or an action under AS 09.55.580 on behalf of a child who is injured or dies while in the custody of the state.
Alaska Stat. § 47.27.300 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.300
Regional public assistance programs.
Status: in_force

(a) The department may develop a regional public assistance program for the administration of this chapter in order to provide state public assistance in a uniform and cost-effective manner in a region of this state if an Alaska Native organization is authorized to implement a federally approved tribal family assistance plan that includes that region and has been awarded an Alaska Native family assistance grant for a program that includes that region for the applicable fiscal year under AS 47.27.200 . The regional public assistance program developed under this section must be designed to serve eligible state residents in the region covered by the program who are not already covered by a federally approved tribal family assistance plan in that region.

(b) The department may award contracts to implement a program developed under (a) of this section. A contract authorized for delivery of state public assistance under a regional public assistance program under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). Subject to appropriation, a contract under this section must be in an amount that represents a fair and equitable share of the money appropriated under this chapter to serve the state residents specified in (a) of this section. This section provides additional authority to contract to that available under AS 47.05.015 or other law.

(c) The department may award a contract under this section only to an organization that (1) has been awarded an Alaska Native family assistance grant under AS 47.27.200 for a program that includes that region;

(2) agrees to administer state public assistance under this chapter to state residents in the region who are not served by the Alaska Native family assistance grant awarded under AS 47.27.200 ;

(3) agrees to provide state public assistance identical to that provided under the federally approved tribal family assistance plan for which Alaska Native family assistance grant money has been awarded under AS 47.27.200 ; and

(4) agrees to implement an appeals process as described in (e) of this section.

(d) Records pertaining to recipients of state public assistance under a contract awarded under this section have the same confidential protections as are provided to recipients of assistance from Alaska Native family assistance grants under AS 47.27.200 .

(e) An organization that receives a contract under this section shall provide an appeals process to applicants for or recipients of state public assistance covered by the contract awarded under this section. The appeals process must be the same as the method available under the federally approved tribal family assistance plan, except that the decision reached shall be considered as a recommended decision to the department. Within 30 days after receiving a recommended decision, the department shall review the recommended decision and issue a decision accepting or rejecting the recommended decision. If the department rejects the recommended decision, the department shall independently review the record and issue its final decision. The final decision of the department on the matter is appealable to the courts of this state.

(f) If the department establishes a regional public assistance program and awards a contract to provide state public assistance under this section, a person applying for state public assistance under this chapter in the region of the state covered by the regional public assistance program may obtain state public assistance from the department only through the organization designated by the department to serve the region.

Article 5. General Provisions.
Alaska Stat. § 47.17.033 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.033
Investigations and interviews.
Status: in_force

(a) In investigating child abuse and neglect reports under this chapter, the department may make necessary inquiries about the criminal records of the parents or of the alleged abusive or neglectful person, including inquiries about the existence of a criminal history record involving a serious offense as defined in AS 12.62.900 .

(b) For purposes of obtaining access to information needed to conduct the inquiries required by (a) of this section, the department is a criminal justice agency conducting a criminal justice activity.

(c) An investigation by the department or another investigating agency of child abuse or neglect reported under this chapter shall be conducted by a person trained to conduct a child abuse and neglect investigation and without subjecting a child to duplicative interviews about the abuse or neglect except when new information is obtained that requires further information from the child.

(d) An interview of a child conducted as a result of a report of harm may be audiotaped or videotaped. If an interview of a child concerns a report of sexual abuse of the child by a parent or caretaker of the child, the interview shall be videotaped, unless videotaping the interview is not feasible or will, in the opinion of the investigating agency, result in trauma to the child.

(e) An interview of a child that is audiotaped or videotaped under (d) of this section shall be conducted (1) by a person trained and competent to conduct the interview;

(2) if available, at a child advocacy center; and

(3) by a person who is a party to a memorandum of understanding with the department to conduct the interview or who is employed by an agency that is authorized to conduct investigations.

(f) An interview of a child may not be videotaped more than one time unless the interviewer or the investigating agency determines that one or more additional interviews are necessary to complete an investigation. If additional interviews are necessary, the additional interviews shall be conducted, to the extent possible, by the same interviewer who conducted the initial interview of the child.

(g) A recorded interview of a child shall be preserved in the manner and for a period provided by law for maintaining evidence and records of a public agency.

(h) A recorded interview of a child is subject to disclosure under the applicable court rules for discovery in a civil or criminal case.

(i) The training required under (c) of this section must address the constitutional and statutory rights of children and families that apply throughout the investigation and department intervention. The training must inform department representatives of the applicable legal duties to protect the rights and safety of a child and the child's family.

(j) During a joint investigation by the department and a law enforcement agency, the department shall coordinate an investigation of child abuse or neglect with the law enforcement agency to ensure that the possibility of a criminal charge is not compromised.

(k) Unless a law enforcement official prohibits or restricts notification under (j) of this section, at the time of initial contact with a person alleged to have committed child abuse or neglect, the department shall notify the person of the specific complaint or allegation made against the person, except that the identity of the complainant may not be revealed.

(l) In this section, child advocacy center means a facility operated with a child-focused, community partnership committed to a multidisciplinary team approach that includes representatives from law enforcement, child protection, criminal prosecution, victim advocacy, and the medical and mental health fields who collaborate and assist in investigating allegations of sexual or other abuse and neglect of children.
Alaska Stat. § 47.30.530 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.530
Duties of department.
Status: in_force

(a) The department shall administer the provisions of AS 47.30.520  47.30.620 and shall (1) define and develop standards for various levels and qualities of mental health care;

(2) provide fiscal and professional technical assistance in planning, organizing, developing, implementing, and administering local mental health services;

(3) develop budgets and receive and distribute state appropriations and funds in accordance with the provisions of AS 47.30.520  47.30.620;

(4) establish standards of education and experience for professional, technical, and administrative personnel employed in community mental health services;

(5) assist the community in establishing the organization and operation of community mental health services;

(6) develop a standardized system for measuring and reporting to the department the types, quantities, and quality of services; and develop a cost accounting system that will demonstrate the cost of various levels and qualities of care;

(7) provide each local community planning and services delivery entity with statistics, reports, and other data relevant to development of indices indicating the need for mental health services, or relevant to evaluating the effectiveness of existing services;

(8) review each local community plan and require each plan to include (A) an affirmative showing that the most effective and economic use will be made of all available public and private resources in the community including careful consideration of the most effective and economic alternative forms and patterns of services;

(B) a five-year projection of needs, services, and resources; and

(C) adequate provisions for review and evaluation of services provided in the local community;

(9) adopt regulations and establish priorities, after consultation with local communities affected and in conjunction with the Alaska Mental Health Board, that are necessary to carry out the purposes of AS 47.30.520  47.30.620.

(b) In performing its duties under (a) of this section, the department shall coordinate with the Alaska Mental Health Trust Authority established in AS 44.25.200 .
Alaska Stat. § 47.25.990 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.990
Definitions.
Status: in_force

In AS 47.25.975  47.25.985, (1) department means Department of Health;

(2) food means any food or food product for human consumption except alcoholic beverages and tobacco and includes seeds and plants for use in gardens to produce food for the personal consumption of the eligible household;

(3) food stamp allotments means any coupon, stamp, electronic benefit, or type of allotment issued under 7 U.S.C. 2011  2036 (Food Stamp Program);

(4) food stamp program means the federal food stamp program authorized by 7 U.S.C. 2011  2036.
Alaska Stat. § 47.12.210 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.210
Fingerprinting of minors.
Status: in_force

(a) A peace officer may fingerprint a minor under the same circumstances as an adult may be fingerprinted.

(b) Except as provided by AS 47.12.310 (b)(1), fingerprint records taken under this section are not subject to AS 47.12.310 .
Alaska Stat. § 47.27.010 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.010
Eligible families.
Status: in_force

The following families may apply under the Alaska temporary assistance program: (1) a single parent who has the physical custody of one or more related dependent children;

(2) a caretaker of one or more dependent children who is a relative to at least the fifth degree;

(3) a woman in the last trimester of pregnancy;

(4) a two-parent family with physical custody of one or more related dependent children.
Alaska Stat. § 47.30.545 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.545
Populations to be served.
Status: in_force

The entities designated by the department to receive money under AS 47.30.540 (b) shall provide one or more of the services that are set out in AS 44.25.290 (i) to persons identified in AS 44.25.290 .
Alaska Stat. § 47.25.435 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.435
Exclusion of income.
Status: in_force

Notwithstanding the provisions of AS 47.25.430  47.25.615, if the applicable provisions of 42 U.S.C. 301  1397f (Social Security Act), as amended, permit, in determining the need of an applicant for, or a recipient of, an assistance grant under AS 47.25.430  47.25.615, the department shall exclude from the computation of the applicant's or recipient's income the amounts specified in 42 U.S.C. 1382a(b), as amended, amounts specified in regulations adopted to implement the supplemental security income provisions of federal law, and any amounts specified by the department by regulation so long as exclusion of those amounts is not in conflict with federal law.
Alaska Stat. § 47.30.817 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.817
Advance health care directives.
Status: in_force

A health care provider or a health care institution may not require or prohibit the execution or revocation of an advance health care directive as a condition for admission, discharge, or providing health care. In this section, advance health care directive, health care institution, and health care provider have the meanings given in AS 13.52.390 .
Alaska Stat. § 47.05.040 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.040
Consent to conditions of federal programs.
Status: in_force

In order to take advantage of the training grants provisions of 42 U.S.C. 301  1397f (Social Security Act), as amended, the state, through the department, consents and agrees to all conditions required by federal statute and regulation necessary for the state to participate fully in the training grants or other programs.
Alaska Stat. § 47.06.010 — AK Code / Title 47 / Chapter 47.06 / Section 47.06.010
Duties of Department of Family and Community Services.
Status: in_force

The Department of Family and Community Services shall (1) administer applicable public 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;

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

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

(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 applicable public assistance, welfare services, and institutional care that are considered advisable;

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

(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 family and community services certifies in writing to the governor, with relation to a particular community, that no other qualified person is available in the community to serve as local welfare agent; for the purposes of this paragraph, a member of the immediate family includes a spouse, child, parent, brother, sister, parent-in-law, brother-in-law, or sister-in-law;

(13) actively seek to recruit quality foster parents and adoptive parents when a shortage of quality foster parents or adoptive parents exists.
Alaska Stat. § 47.32.080 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.080
Posting; license not transferable.
Status: in_force

(a) A license issued under this chapter shall be posted in a conspicuous place on the licensed premises. Any notice of a variance issued by the authorizing department shall be posted near the license.

(b) A license issued under this chapter is not transferable unless authorized by the authorizing department.
Alaska Stat. § 47.12.090 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.090
Appointment of attorney or guardian ad litem.
Status: in_force

(a) In all proceedings initiated under a petition for delinquency, a minor shall have the right to be represented by counsel and, if indigent, have counsel appointed by the court. The court shall appoint counsel in such cases unless it makes a finding on the record that the minor has made a voluntary, knowing, and intelligent waiver of the right to counsel and a parent or guardian with whom the minor resides or resided before the filing of the petition concurs with the waiver. In cases in which it has been alleged that the minor has committed an act that would be a felony if committed by an adult, waiver of counsel may not be accepted unless the court is satisfied that the minor has consulted with an attorney before the waiver of counsel.

(b) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a minor will be promoted by the appointment of an attorney to represent the minor or an attorney or other person to serve as guardian ad litem, the court may make the appointment. Appointment of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310 .
Alaska Stat. § 47.25.624 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.624
Appeal rights.
Status: in_force

Except as provided in AS 47.25.626 (e), an individual who receives a determination from the department that denies, limits, or modifies home heating payments under AS 47.25.621  47.25.626, other than a determination based on insufficient funding of the program, may request a hearing before the office of administrative hearings ( AS 44.64.010 ) under regulations adopted by the department.
Alaska Stat. § 47.33.200 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.200
Commencement of residency.
Status: in_force

A person may not begin to reside in an assisted living home without that person's consent, or, if the person is not competent, the consent of the person's representative.
Alaska Stat. § 47.33.240 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.240
Evaluation of assisted living plan.
Status: in_force

(a) An assisted living home resident or the resident's representative, and the home administrator or the administrator's designee, shall evaluate the resident's assisted living plan, determine whether the plan is meeting the resident's reasonable wants and needs, and revise the plan if necessary. At the request of the resident or the resident's representative, the resident's service coordinator, if any, and family members may participate in the evaluation. If the assisted living home provides or arranges for the provision of health-related services to a resident, the resident's evaluation shall be done at three-month intervals. If the assisted living home does not provide or arrange to provide health-related services to a resident, the resident's evaluation shall be done at least at one-year intervals.

(b) The administrator or the administrator's designee shall (1) document the results of the evaluation in the resident's record;

(2) sign and date any revisions to the resident's assisted living plan;

(3) place a copy of the revisions in the resident's file; and

(4) provide the resident and the resident's representative, if any, with a copy of the revisions.

Article 3. Resident's Rights.
Alaska Stat. § 47.25.623 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.623
Eligibility; payment amount.
Status: in_force

(a) An individual is eligible for home heating assistance payments under the Alaska affordable heating program if the individual (1) is a resident of the state;

(2) is physically present and resides in a home in the state when the home heating costs are incurred;

(3) for assistance calculated under (b) and (c) of this section, has gross household income not to exceed, as a percentage of the federal poverty guideline for Alaska set by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2), (A) 225 percent for a determination to be made under (c)(1)  (3) of this section; and

(B) 250 percent for a determination to be made under (c)(4) of this section; and

(4) meets other eligibility requirements specified in regulations adopted under AS 47.25.622 .

(b) The Department of Health shall determine the number of points for each eligible individual based on the point formula used under 42 U.S.C. 8621  8629 (Low-Income Home Energy Assistance Act of 1981), as amended, and implementing regulations. Except as provided in (d) of this section, the amount of the Alaska affordable heating payment for an individual equals the base amount calculated under (c) of this section minus the amount the individual is eligible to receive under the federal low-income home energy assistance program under 42 U.S.C. 8621  8629, as amended, and implementing regulations.

(c) The Department of Health shall calculate the base amount of the Alaska affordable heating payment for the individual based on points determined under (b) of this section and on the average price a barrel of Alaska North Slope crude oil for sale on the United States West Coast during September through February of the preceding fiscal year as follows: (1) $130 a point when the average price is not more than $75 a barrel;

(2) $140 a point when the average price is more than $75 and not more than $100 a barrel;

(3) $150 a point when the average price is more than $100 and not more than $150 a barrel;

(4) $165 a point when the average price is more than $150 a barrel.

(d) Under the program authorized by AS 47.25.621  47.25.626, taking into consideration the gross household income rates established in (a) of this section and the base amounts to be calculated under (b) and (c) of this section, (1) if insufficient money is appropriated to fully fund the Alaska affordable heating payments during the fiscal year, the department (A) shall, for the duration of that fiscal year, suspend calculation and payment under (a)(3)(B) of this section and calculate and pay all eligible individuals under (a)(3)(A) of this section; and

(B) may, to the extent there is or may be an appropriation balance surplus to the amount required to make all payments under (A) of this paragraph, by regulation, establish at any time during the fiscal year a prospective pro rata reduction of the payment rates that the department will pay to eligible individuals under the program during that fiscal year qualifying under (a)(3)(B) of this section and, thereafter, may provide for prorated payments; and

(2) if the commissioner reasonably determines that the total of appropriations from all sources during the fiscal year may exceed the amount required to fully fund all applications for assistance for Alaska affordable heating payments, the commissioner may expend the amount of excess money, not to exceed the total amount of the appropriations, to carry out the purpose of AS 47.25.621  47.25.626; under the authority of this paragraph, the commissioner shall distribute the estimated excess money pro rata among individuals receiving assistance under this section without regard to the limitations set out in the dollar value of the point formula expressed in (c)(1)  (4) of this section.
Alaska Stat. § 47.70.030 — AK Code / Title 47 / Chapter 47.70 / Section 47.70.030
Designation of authority.
Status: in_force

(a) The appropriate public authorities as used in art. III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the Department of Family and Community Services. The department shall receive and act with reference to notices required by art. III of the compact.

(b) As used in Art. V of the Interstate Compact on the Placement of Children, the phrase appropriate authority in the receiving state with reference to this state means the Department of Family and Community Services.
Alaska Stat. § 47.25.515 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.515
Cancellation of disbursements.
Status: in_force

(a) Disbursements issued to a recipient of assistance under AS 47.25.430  47.25.615 after the date of death of the recipient shall be canceled.

(b) Assistance disbursements issued before the death of the recipient but not collected before death shall be canceled, unless claimed by the authorized representative of the estate of the recipient within 90 days after the date of death.

(c) The state is not liable to the estate, heirs, or creditors of the deceased assistance recipient for payment on disbursements canceled under (a) or (b) of this section.
Alaska Stat. § 47.30.570 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.570
Regulations; eligible services and costs.
Status: in_force

The department shall adopt regulations specifying the types of services and program costs eligible for state participation. These regulations must include (1) a provision excluding capital expenditures as eligible costs; and

(2) a requirement that the community entity contractor or applicant agrees as a condition of contract approval that it will not supplant existing local fund support of community mental health services with funds received under AS 47.30.520  47.30.620 and that it will continue local funding support of community mental health services, in any year in which it contracts with the department, at a level that is at least equal to the local funding support in the previous year.
Alaska Stat. § 47.25.530 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.530
Reports by department.
Status: in_force

The department shall make reports in detail that are required of it by the governor or by the federal government or a federal agency.
Alaska Stat. § 47.07.045 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.045
Home and community-based services.
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(d) Unless prohibited by federal law, the state shall allow a legally responsible person to provide personal care services under this section to a recipient of medical assistance under the 1915(k) state plan option under 42 U.S.C. 1396n.

(e) In (c) of this section, military means the armed forces of the United States, the United States Coast Guard, or the Alaska National Guard.
Alaska Stat. § 47.30.750 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.750
Conduct of hearing.
Status: in_force

The hearing under AS 47.30.745 shall be conducted in the same manner, and with the same rights for the respondent, as set out in AS 47.30.735 (b).
Alaska Stat. § 47.30.840 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.840
Right to privacy and personal possessions; other rights.
Status: in_force

(a) A person undergoing evaluation or treatment under AS 47.30.660  47.30.915 (1) may not be photographed without the person's consent and that of the person's guardian if a minor, except that the person may be photographed upon admission to a facility for identification and for administrative purposes of the facility; all photographs shall be confidential and may only be released by the facility to the patient or the patient's designee unless a court orders otherwise;

(2) at the time of admission to an evaluation or treatment facility, shall have reasonable precautions taken by the staff to inventory and safeguard the patient's personal property; a copy of the inventory signed by the staff member making it shall be given to the patient and made available to the patient's attorney and any other person authorized by the patient to inspect the document;

(3) shall have access to an individual storage space for the patient's private use while undergoing evaluation or treatment;

(4) shall be permitted to wear personal clothing, to keep and use personal possessions including toilet articles if they are not considered unsafe for the patient or other patients who might have access to them, and to keep and be allowed to spend a reasonable sum of the patient's own money for the patient's needs and comfort;

(5) shall be allowed to have visitors at reasonable times;

(6) shall have ready access to letter writing materials, including stamps, and have the right to send and receive unopened mail;

(7) shall have reasonable access to a telephone, both to make and receive confidential calls;

(8) has the right to be free of corporal punishment;

(9) has the right to reasonable opportunity for indoor and outdoor exercise and recreation;

(10) has the right, at any time, to have a telephone conversation with or be visited by an attorney;

(11) may not be retaliated against or subjected to any adverse change of conditions or treatment solely because of assertion of rights under this section;

(12) who is a minor or an adult for whom a guardian has been appointed may not be transferred from a crisis stabilization center, evaluation facility, or treatment facility to a different crisis stabilization center, evaluation facility, or treatment facility before the center or facility makes a good faith attempt to notify the parent or guardian of the person, as applicable, of the proposed transfer.

(b) The patient's rights under (a)(4), (5), (7) and (9) of this section may be suspended temporarily, following the initial evaluation period, if the professional person in charge of the patient determines that granting the patient those rights will pose a threat to the safety or well-being of the patient or others.
Alaska Stat. § 47.33.080 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.080
Closure or relocation; change of mailing address.
Status: in_force

(a) Not later than 90 days before the voluntary closing or relocation of an assisted living home, the home shall provide written notice of the closure or relocation to the licensing agency, each resident of the home, all representatives of residents, and all service coordinators for residents.

(b) Not later than 14 days before a change of an assisted living home's mailing address, the home shall provide written notice of the change to the licensing agency, each resident of the home, all representatives of residents, and all service coordinators for residents.
Alaska Stat. § 47.30.560 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.560
Contracts and expenditures.
Status: in_force

The contracts for services provided for in AS 47.30.520  47.30.620 shall be reviewed, revised if necessary, and approved at the expiration of each contract year. A contract shall be approved if the department finds that the community entity has complied with its plan, AS 47.30.520  47.30.620, and any applicable regulations adopted by the department. Expenditures for the purchase of services shall be made in accordance with the approved contract, budgets, and program projections.
Alaska Stat. § 47.25.460 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.460
Award, reduction, termination, and appeal.
Status: in_force

(a) Upon completion of the investigation, the department shall promptly decide whether the applicant is eligible for and should receive adult public assistance, the amount of it, the manner of paying it, and the date on which it starts. The department may make additional investigation that it considers necessary and shall make its decision as to the granting of assistance and the amount and nature of assistance as is justified and in conformity with AS 47.25.430  47.25.615. The department shall notify the applicant of its decision in writing.

(b) Assistance under AS 47.25.430  47.25.615 is subject to review. If a recipient of adult public assistance or the spouse of a recipient with whom the recipient is living acquires nonexempt property exceeding resource limitations, or income sufficient to maintain the recipient properly, then the assistance granted to the recipient shall either be terminated or reduced to an amount reflecting the reduced need as determined by the department in accordance with applicable regulations. Upon review, the department may, after having provided opportunity for a hearing under (c) of this section, change the assistance granted or terminate it entirely if it finds that the circumstances are changed sufficiently to warrant this action.

(c) A recipient whose award is proposed to be modified or terminated, or an applicant whose application is denied by the department, shall be granted an opportunity for a hearing before the office of administrative hearings ( AS 44.64.010 ). The hearing shall be held promptly after a request for hearing is made. The hearing shall be conducted in accordance with regulations adopted by the department.

(d) Each award shall be paid on a monthly basis. In case it is impracticable by reason of slow or interrupted means of communication for a disbursement covering a month's assistance to reach the recipient in due course, the department may transmit disbursements covering assistance for future months and may deliver all of them to the recipient at one time.
Alaska Stat. § 47.27.900 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.900
Definitions.
Status: in_force

In this chapter, (1) Alaska Native family assistance grant means a grant under AS 47.27.200 ;

(2) Alaska Native family assistance program means a program funded in part by a grant under AS 47.27.200 ;

(3) cash assistance means assistance for basic living expenses provided under the Alaska temporary assistance program; cash assistance includes cash, vouchers, or third-party vendor payments; cash assistance does not include a diversion payment under AS 47.27.026 or self-sufficiency services;

(4) child care assistance means payments made by the Department of Health or the Department of Education and Early Development to Alaska temporary assistance program participant families or to providers for the care of children of the participant families;

(5) child support includes court-ordered or administratively ordered child support, medical support, and spousal support;

(6) child support services agency means the child support services agency in the Department of Revenue;

(7) commissioner means the commissioner of health;

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

(9) dependent child means an individual who (A) has not attained (i) 18 years of age; or

(ii) 19 years of age and is a full-time student in a secondary school or in the equivalent level of vocational or technical training; and

(B) is not an applicant under AS 47.27.020 ;

(10) diversion payment means a diversion payment paid under AS 47.27.026 ;

(11) federally approved tribal family assistance plan means a plan that meets the requirements of 42 U.S.C. 612 and has been approved for financing through a tribal family assistance grant directly from the United States Department of Health and Human Services;

(12) self-sufficiency services means work-related services, community service work referrals, child care assistance, emergency assistance, service vouchers, equipment vouchers, work stipends, transportation assistance, wage subsidies, and other work supports and services determined by the department in regulation to promote family self-sufficiency;

(13) work activities includes job readiness assessments, on-the-job training, education and vocational training, job sampling, job search requirements, subsidized and unsubsidized work, and community work service.
Alaska Stat. § 47.45.160 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.160
Administrative Procedure Act not applicable.
Status: in_force

AS 44.62 (Administrative Procedure Act) does not apply to AS 47.45.010  47.45.160.
Alaska Stat. § 47.30.855 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.855
Posting of rights.
Status: in_force

The rights set out in AS 47.30.817  47.30.855 shall be prominently posted in all treatment facilities in places accessible to all patients. A patient who does not understand English shall have the patient rights explained in a language the patient understands.
Alaska Stat. § 47.27.060 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.060
Job development.
Status: in_force

The department may establish cooperative agreements with the Department of Labor and Workforce Development, Department of Education and Early Development, and Department of Commerce, Community, and Economic Development, and with other public or private sector organizations for the purpose of developing job, training, and educational opportunities for families eligible for cash assistance or self-sufficiency services under this chapter.
Alaska Stat. § 47.12.160 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.160
Retention of jurisdiction over minor.
Status: in_force

(a) Except as provided in (g) of this section, the court retains jurisdiction over the case and may at any time stay execution, modify, set aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise of its power of protection over the minor and for the minor's best interest, for a period of time not to exceed the maximum period otherwise permitted by law or in any event extend past the day the minor becomes 19, unless sooner discharged by the court, except that the department may apply for and the court may grant an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it. An application for any of these purposes may be made by the parent, guardian, or custodian acting in behalf of the minor, or the court may, on its own motion, and after reasonable notice to interested parties and the appropriate department, take action that it considers appropriate.

(b) If the court determines at a hearing authorized by (a) of this section that it is in the best interests of the minor to be released to the care or custody of the minor's parent, guardian, or custodian, it may enter an order to that effect and the minor is discharged from the control of the department.

(c) If a minor is adjudicated a delinquent before the minor's 18th birthday, the court may retain jurisdiction over the minor after the minor's 18th birthday for the purpose of supervising the minor's rehabilitation, but the court's jurisdiction over the minor under this chapter never extends beyond the minor's 19th birthday, except that the department may apply for and the court may grant an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it. The department may retain jurisdiction over the person between the person's 18th and 19th birthdays for the purpose of supervising the person's rehabilitation, if the person has been placed under the supervision of the department before the person's 18th birthday, except that the department may apply for and the court may grant an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it.

(d) The department, or the district attorney in a matter subject to the jurisdiction of this chapter under AS 47.12.020 (b), may petition the court for imposition of sentence pronounced under AS 47.12.120 (j)(2) if the offender is still subject to the jurisdiction of the court and if the offender, after pronouncement of sentence under AS 47.12.120 (j)(2), (1) commits a subsequent felony offense;

(2) commits a subsequent offense against a person that is a misdemeanor and involves injury to a person or the use of a deadly weapon;

(3) fails to comply with the terms of a restitution order;

(4) fails to engage in or satisfactorily complete a rehabilitation program ordered by a court or required by a facility or juvenile probation officer; or

(5) escapes from a juvenile or other correctional facility.

(e) If a petition is filed under (d) of this section and if the court finds by a preponderance of the evidence that the minor has committed a subsequent felony offense that is a crime against a person or is the crime of arson, the court shall impose the adult sentence previously pronounced under AS 47.12.120 (j) and, subject to AS 47.12.105 , transfer custody of the minor to the Department of Corrections. If the court finds by a preponderance of the evidence that any of the other circumstances set out in (d)(1)  (5) of this section exist, the court shall impose the adult sentence previously pronounced and, subject to AS 47.12.105 , transfer custody of the minor to the Department of Corrections unless the minor proves by preponderance of the evidence that mitigating circumstances exist that justify a continuance in the stay of the adult sentence and the minor is amenable to further treatment under this chapter. The court shall make written findings to support its order.

(f) Notwithstanding another provision of law, the court shall accept (1) payments of restitution from a minor and the minor's parent at any time; and

(2) prepayments of restitution or payments in anticipation of an order of restitution.

(g) If the department has filed a delinquency petition under AS 47.12.020 and 47.12.040 regarding a minor who is 18 years of age or older, the court has jurisdiction to adjudicate and dispose of the matter as provided in this chapter.
Alaska Stat. § 47.08.140 — AK Code / Title 47 / Chapter 47.08 / Section 47.08.140
Definitions.
Status: in_force

In AS 47.08.010  47.08.140, (1) applicant means a person who has suffered a catastrophic illness and is applying for assistance under AS 47.08.010  47.08.140 or is the subject of an application for assistance under AS 47.08.010  47.08.140;

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

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

(4) committee means the Catastrophic Illness Committee, created under AS 47.08.020 ;

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

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

(7) liquid assets means assets that can be readily converted to cash;

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

(9) nonliquid assets means all assets that are not liquid assets;

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

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

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

Article 2. Assistance for Chronic or Acute Medical Conditions.
Alaska Stat. § 47.37.240 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.240
Payment for treatment.
Status: in_force

(a) A patient in an approved treatment facility, or the person obligated to provide for the cost of treatment of a person committed under this chapter, is liable to the public or private facility for the cost of maintenance and treatment of the patient in accordance with rates established by the department.

(b) The department shall adopt regulations governing financial ability that take into consideration the income, savings, and other personal and real property of the person liable for the cost and maintenance of the patient.
Alaska Stat. § 47.80.120 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.120
Habilitation plans.
Status: in_force

A state agency, contractor, or grantee who is directly responsible for providing services to persons with disabilities shall develop an individual habilitation plan for each person whose program of services utilizes state funds. The plan shall be completed in writing and furnished to the department within 30 days of admission of a client to the program of services. The plan, its renewals, and any changes of it shall have the written concurrence of the client, or the client's parent or guardian when appropriate, and the agency or contractor responsible for providing services. The development and content of a plan shall conform to requirements established by the department by regulation. Insofar as practicable, the requirements shall conform to those established for individual habilitation plans under P.L. 91-517 or P.L. 94-103, as amended. Each plan shall be time-limited, evaluated, and renewed at least annually.
Alaska Stat. § 47.40.031 — AK Code / Title 47 / Chapter 47.40 / Section 47.40.031
Required accounting procedures.
Status: in_force

Facilities that solicit or receive grants from the department for the cost of services provided under AS 47.40.011  47.40.091 shall (1) meet accepted standards of fiscal accountability for public money and shall, upon request, submit to the department and to the division of legislative audit a complete financial statement prepared by an independent certified public accountant;

(2) keep records of the expenditures for the services provided, using cost-accounting procedures in accordance with department regulations;

(3) upon request, furnish the department and the division of legislative audit all fiscal information, books, records, and accounts pertaining to services paid for under AS 47.40.011  47.40.091.
Alaska Stat. § 47.20.350 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.350
Report.
Status: in_force

The department shall prepare an annual report for the governor about the newborn and infant hearing screening, tracking, and intervention program administered under AS 47.20.310  47.20.390. The report must include recommendations on improving the early screening, tracking, and intervention program, including strategies to increase the rate of early screening and the use of appropriate early intervention techniques. The department shall notify the legislature that the report is available.
Alaska Stat. § 47.05.110 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.110
Alaska Tribal Child Welfare Compact.
Status: in_force

The state may participate in a tribal child welfare compact with Alaska tribes and tribal organizations for the administration of child welfare services by the tribes or tribal organizations. The compact is a written agreement between the state and Alaska tribes and tribal organizations that affirms the government-to-government relationship between the state and tribes.
Alaska Stat. § 47.30.740 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.740
Procedure for 90-day commitment following 30-day commitment.
Status: in_force

(a) At any time during the respondent's 30-day commitment, the professional person in charge, or that person's professional designee, may file with the court a petition for a 90-day commitment of that respondent. The petition must include all material required under AS 47.30.730 (a) except that references to 30 days shall be read as 90 days; and (1) allege that the respondent has attempted to inflict or has inflicted serious bodily harm upon the respondent or another since the respondent's acceptance for evaluation, or that the respondent was committed initially as a result of conduct in which the respondent attempted or inflicted serious bodily harm upon the respondent or another, or that the respondent continues to be gravely disabled, or that the respondent demonstrates a current intent to carry out plans of serious harm to the respondent or another;

(2) allege that the respondent has received appropriate and adequate care and treatment during the respondent's 30-day commitment;

(3) be verified by the professional person in charge, or that person's professional designee, during the 30-day commitment.

(b) The court shall have copies of the petition for 90-day commitment served upon the respondent, the respondent's attorney, and the respondent's guardian, if any. The petition for 90-day commitment and proofs of service shall be filed with the clerk of the court, and a date for hearing shall be set, by the end of the next judicial day, for not later than five judicial days from the date of filing of the petition. The clerk shall notify the respondent, the respondent's attorney, and the petitioner of the hearing date at least three judicial days in advance of the hearing.

(c) Findings of fact relating to the respondent's behavior made at a 30-day commitment hearing under AS 47.30.735 shall be admitted as evidence and may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the findings.
Alaska Stat. § 47.30.907 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.907
Report to Department of Public Safety.
Status: in_force

(a) Notwithstanding AS 47.30.845 , when a superior court orders the involuntary commitment of a person under AS 47.30.735  47.30.755 or when relief from a disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence is granted under AS 47.30.851 (b), the court shall immediately transmit the following information, if known, to the Department of Public Safety: (1) the person's (A) name, date of birth, and address;

(B) aliases;

(C) social security number;

(D) driver's license or state identification card number;

(2) the date of the order and whether the order is (A) an involuntary commitment; or

(B) relief from the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence;

(3) the statutory authority for the involuntary commitment or the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence;

(4) whether the person was offered an opportunity to be heard and represented by counsel in the involuntary commitment proceeding or adjudication of mental illness or mental incompetence; and

(5) any other information required by the Department of Public Safety or by the United States Department of Justice for inclusion in the National Instant Criminal Background Check System established under P.L. 103-159, 107 Stat. 1536 (Brady Handgun Violence Prevention Act).

(b) This section does not apply to initial involuntary commitment procedures, emergency detention for evaluation, or hospitalization for examination under AS 47.30.700  47.30.715 if the person is released under AS 47.30.720 .
Alaska Stat. § 47.37.130 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.130
Comprehensive program for treatment; regional facilities.
Status: reserved

(a) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers. The department may divide the state into appropriate regions to conduct the program and establish standards for the development of the program on the regional level. In establishing the regions, consideration shall be given to the city and borough lines and population concentrations and, when feasible, programs must be established with maximum local community involvement.

(b) The program of the department must include (1) emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital;

(2) inpatient treatment;

(3) intermediate treatment;

(4) outpatient and follow-up treatment;

(5) standards for alcohol safety action programs; the standards may vary in their requirements and stringency according to the population, price level, remoteness, access to transportation, and availability of ancillary services of the area to be served; a program must meet the applicable standards before it is approved by the department as an alcohol safety action program; the standards required under this paragraph shall be established in a manner that provides protection of the health, safety, and well-being of clients of the affected programs and protection for the affected programs from exposure to malpractice and liability actions;

(6) the priorities created under AS 47.37.045 (e) and (f); and

(7) standards that are consistent with scientifically sound principles for measuring outcomes.

(c) The department shall ensure that adequate and appropriate treatment is provided to alcoholics and intoxicated persons admitted under AS 47.37.160  47.37.190 within the limits of available state and federal funds.

(d) The department shall maintain, supervise, and control all facilities operated by it subject to the regulations of the department.

(e) If possible, the department shall coordinate the activities of the program with all appropriate public and private resources.

(f) [Repealed, § 35 ch 126 SLA 1994.] (g) The department may contract for the use of any facility as an approved public treatment facility if the department, subject to the regulations of the department, considers this an effective and economical course to follow. Contracting under this subsection is governed by AS 36.30 (State Procurement Code).

(h) The department shall (1) inspect, on a regular basis, approved public and private alcohol safety action programs at reasonable times and in a reasonable manner;

(2) maintain a list of approved public and private alcohol safety action programs; and

(3) develop regulations for the operation and management of alcohol safety action programs that ensure (A) screenings are conducted using a validated risk tool; and

(B) monitoring of participants is appropriate to the risk of reoffense of the participant as determined by the screening.

(i) An approved public and private alcohol safety action program shall file with the department on request data, statistics, schedules, and information that the department reasonably requires. An approved program that fails without good cause to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns of them, shall be removed from the list of approved programs.

(j) The department, after holding a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) under the provisions of AS 44.62 (Administrative Procedure Act), may suspend, revoke, limit, restrict, or refuse to grant an approval for an alcohol safety action program for failure to meet standards established under (b) of this section.

(k) The public and private alcohol safety action programs established under AS 47.37.040 (21) shall provide (1) screening of eligible persons to determine the risk of the person to reoffend and the criminal risk factors that are contributing to the risk; and

(2) monitoring of participants based on the risk to reoffend as determined by the screening.
Alaska Stat. § 47.24.017 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.017
Delivery of protective services for vulnerable adults.
Status: in_force

(a) If the department determines under AS 47.24.015 that a vulnerable adult is in need of protective services and the vulnerable adult, the vulnerable adult's guardian, conservator, attorney-in-fact, trustee, a surrogate decision maker selected under AS 47.24.016 , or a surrogate for health care decisions under AS 13.52.030 consents to receipt of the protective services, and to the extent that resources are available, the department shall ensure that the protective services for the vulnerable adult are provided by the department or its designee within 10 working days after the department received the report under AS 47.24.010 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of the vulnerable adult. However, if circumstances beyond the control of the department or the department's designee make it impossible to provide the protective services within the 10 working days, the department shall ensure that the services are provided as soon as possible after that time.

(b) Notwithstanding (a) of this section, if the department determines that an emergency situation exists that necessitates provision of protective services to a vulnerable adult, the department may provide the necessary protective services in a manner determined by the department to be the most appropriate in light of the emergency situation, regardless of whether the vulnerable adult or any other person has consented to receipt of the services.

(c) To the extent practicable, protective services provided under this section shall be delivered in a culturally relevant manner that protects the vulnerable adult's right to the least restrictive environment and maximizes that person's own decision making capabilities.

(d) If the protective services under this section include the placement of a vulnerable adult in an assisted living home at the state's expense, the minimum daily reimbursement rate to the assisted living home for the vulnerable adult is $70. The department may, under its regulations, provide for a daily rate higher than $70 if the additional care provided to the vulnerable adult in the assisted living home justifies the additional reimbursement. In this subsection, assisted living home means an assisted living home licensed under AS 47.32 .
Alaska Stat. § 47.17.040 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.040
Child protection registry; confidentiality.
Status: in_force

(a) The department shall maintain a child protection registry of all investigation reports, including substantiated findings under AS 47.10 or AS 47.17 .

(b) Investigation reports and reports of harm filed under this chapter are considered confidential and are not subject to public inspection and copying under AS 40.25.110 and 40.25.120. However, in accordance with department regulations, investigation reports, including substantiated findings under AS 47.10 or AS 47.17 , may be used by appropriate governmental agencies with child-protection functions, inside and outside the state, in connection with investigations or judicial proceedings involving child abuse, neglect, or custody and in conjunction with licensing action under AS 47.32 or a similar statute in another state. A person not acting in accordance with department regulations who, with criminal negligence, makes public information contained in confidential reports is guilty of a class B misdemeanor.

(c) Before a substantiated finding may be placed on the child protection registry and provided as part of a civil history check under AS 47.05.325 , the department shall provide the applicant notice of the finding and an opportunity to appeal the finding. The department shall adopt regulations to implement this section.

(d) In this section, governmental agency includes a tribe or tribal organization conducting child protection functions and a school district.
Alaska Stat. § 47.45.130 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.130
Death or cessation of residency.
Status: in_force

The commissioner of health shall establish procedures to stop a bonus when a recipient under AS 47.45.010  47.45.160 no longer qualifies. When a recipient dies or discontinues residency in the state the recipient's qualification for a bonus shall stop at the time of the recipient's last approved monthly application.
Alaska Stat. § 47.05.300 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.300
Applicability.
Status: in_force

(a) The provisions of AS 47.05.310  47.05.390 apply to any individual or entity that is required by statute or regulation to be licensed or certified or that is eligible to receive payments, in whole or in part, from the Department of Health or the Department of Family and Community Services to provide for the health, safety, and welfare of persons who are served by the programs administered by those departments.

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

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

(3) case managers to coordinate community mental health services under AS 47.30.530 .
Alaska Stat. § 47.10.350 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.350
Immunity from liability.
Status: in_force

(a) The officers, directors, and employees of a licensed program for runaway minors are not liable for civil damages as a result of an act or omission in admitting a minor to the program.

(b) This section does not preclude liability for civil damages as a result of recklessness or intentional misconduct.

(c) The officers, directors, and employees of a licensed program for runaway minors are not criminally liable under AS 11.51.130 (a)(4) for assisting a minor in the program.
Alaska Stat. § 47.30.835 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.835
Civil rights not impaired.
Status: in_force

(a) A person may not deny to a person who is undergoing evaluation or treatment under AS 47.30.660  47.30.915 a civil right, including but not limited to, the right to free exercise of religion and the right to dispose of property, sue and be sued, enter into contractual relationships, and vote. A person who violates this subsection commits the crime of interference with constitutional rights under AS 11.76.110 .

(b) Court-ordered evaluation or treatment under AS 47.30.660  47.30.915 is not a determination of legal incapacity under AS 13.26.005  13.26.580.
Alaska Stat. § 47.17.023 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.023
Reports from certain persons regarding child sexual abuse material.
Status: in_force

A person providing, either privately or commercially, film, photo, or visual or printed matter processing, production, or finishing services or computer installation, repair, or other services, or Internet or cellular telephone services who, in the process of providing those services, observes a film, photo, picture, computer file, image, or other matter and has reasonable cause to suspect that the film, photo, picture, computer file, image, or other matter visually depicts a child engaged in conduct described in AS 11.41.455 (a) shall immediately report the observation to the nearest law enforcement agency and provide the law enforcement agency with all information known about the nature and origin of the film, photo, picture, computer file, image, or other matter.
Alaska Stat. § 47.14.025 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.025
Applicability; inclusions of certain persons as minors.
Status: in_force

The provisions of AS 47.14.010  47.14.050 apply to a person who is 18 years of age or older and who is subject to the jurisdiction of AS 47.12 due solely to AS 47.12.020 (b). To implement this section, the term minor as used in AS 47.14.010  47.14.050 includes a person described in this section.
Alaska Stat. § 47.27.040 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.040
Assignment of support rights; cooperation with child support services agency.
Status: in_force

(a) An Alaska temporary assistance program applicant is considered to have assigned to the state, through the child support services agency of the Department of Revenue, all rights to accrued and continuing child support, from all sources, that is due for the support of any individuals in the family for whom support is sought. The assignment takes effect upon a determination that the applicant's family is eligible for cash assistance under this chapter. Except with respect to the amount of any unpaid support obligation accrued under the assignment, the assignment terminates when the family ceases to receive cash assistance under the Alaska temporary assistance program.

(b) An Alaska temporary assistance program participant shall cooperate with the child support services agency of the Department of Revenue in establishing paternity or establishing, modifying, or enforcing a child support order requiring the payment of support by the noncustodial parent for a dependent child for whom Alaska temporary assistance program cash assistance is received. The child support enforcement agency shall determine whether the participant is in good faith compliance with the requirements of this subsection and shall inform the Department of Health of its determination. The Department of Health shall establish whether the participant has good cause for refusing to cooperate.

(c) The department may distribute to an Alaska temporary assistance program participant $50 per month from a monthly child support payment, or the amount of the child support payment if it is less than $50, received by the child support services agency for the support of a child for whom Alaska temporary assistance program cash assistance is paid.
Alaska Stat. § 47.10.115 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.115
Permanent fund dividend.
Status: reserved

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

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

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

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

(c) [Repealed, § 14 ch 7 4SSLA 2016.]
Alaska Stat. § 47.30.370 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.370
Review by legislative budget and audit committee.
Status: in_force

Before implementation, the programs, plans, and actions of the department made under AS 47.30.350 , except for the proposed geographic location of the mental health hospital, shall be reviewed by the legislative budget and audit committee. The review and findings of the budget and audit committee shall be made public.
Alaska Stat. § 47.07.042 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.042
Recipient cost-sharing.
Status: reserved

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

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

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

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

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

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

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

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

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

(f) [Repealed, § 3 ch 48 SLA 2007.]
Alaska Stat. § 47.20.290 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.290
Definitions.
Status: in_force

In AS 47.20.060  47.20.290, (1) additional early intervention services means (A) family training and counseling;

(B) speech pathology and audiology;

(C) occupational therapy;

(D) physical therapy;

(E) psychological services;

(F) medical services only for diagnostic or evaluation purposes; and

(G) health services for the child that are necessary to enable the child to benefit from the other early intervention services;

(2) core early intervention services means (A) case management services;

(B) special instruction; and

(C) early identification, screening, and assessment;

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

(4) developmentally delayed means functioning at least 15 percent below a chronological or corrected age or 1.5 standard deviations below age appropriate norms in one or more of the following areas: cognitive development, gross motor development, sensory development, speech or language development, or psychosocial development, including self-help skills and behavior, as measured and verified by appropriate diagnostic instruments and procedures or through systematic observation of functional abilities in a daily routine by two professionals and a parent, developmental history, and appropriate assessment procedures;

(5) disability means having an identifiable physical, mental, sensory, or psychosocial condition that has a probability of resulting in developmental delay even though a developmental delay may not be exhibited at the time the condition is identified, including (A) chromosomal abnormalities associated with delays in development, such as Down's syndrome, Turner's syndrome, Cornelia de Lange syndrome, or fragile X syndrome;

(B) other syndromes and conditions associated with delays in development, such as fetal alcohol syndrome, cocaine and other drug-related syndromes, metabolic disorders, cleft lip, or cleft palate;

(C) neurological disorders associated with delays in development, such as cerebral palsy, microcephaly, hydrocephaly, spina bifida, or periventricular leukomalacia;

(D) sensory impairment, such as hearing loss or deafness, visual loss or blindness, or a combination of hearing and visual loss, that interferes with the child's ability to respond effectively to environmental stimulus;

(E) congenital infections, such as rubella, cytomegalovirus, toxoplasmosis, or acquired immune deficiency syndrome;

(F) chronic illness or conditions that may limit learning or development, such as cystic fibrosis, bronchopulmonary dysplasia, tracheostomies, amputations, arthritis, or muscular dystrophy;

(G) psychosocial disorders, such as reactive attachment disorder, infant autism, or childhood schizophrenia; or

(H) atypical growth patterns consistent with a prognosis of developmental delay based upon parental and professional judgment, such as failure to thrive;

(6) early intervention services or services means services that are designed to help meet the developmental needs of a child under the age of three who is developmentally delayed or disabled or at risk of developmental delay or disability or the needs of the child's family so that the family can support the child's development.

Article 2. Newborn and Infant Hearing Screening, Tracking, and Intervention Program.
Alaska Stat. § 47.25.205 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.205
Priority of general relief medical assistance.
Status: in_force

If the department finds that the cost of medical assistance for all persons eligible under AS 47.25.120  47.25.300 will exceed the amount allocated in the state budget for that assistance for the fiscal year, the department shall eliminate coverage for medical services in the following order: (1) treatment of speech, hearing, and language disorders;

(2) optometrists' services and eyeglasses;

(3) occupational therapy;

(4) emergency dental services for adults;

(5) prosthetic devices not including dentures;

(6) medical supplies and equipment;

(7) physical therapy;

(8) outpatient laboratory and outpatient x-ray services;

(9) ambulatory surgical center services;

(10) nonemergency medical transportation;

(11) outpatient physician services;

(12) outpatient hospital services;

(13) intermediate care facility services;

(14) skilled nursing facility services;

(15) emergency medical transportation;

(16) pharmaceuticals;

(17) inpatient physician services;

(18) inpatient hospital services.
Alaska Stat. § 47.80.110 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.110
Program principles.
Status: in_force

The system of services and facilities required under AS 47.80.100 shall accord with the principles that service providers shall (1) make services available at times and locations that enable residents of the provider's service area to obtain services readily;

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

(3) establish staffing patterns 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 treatment and habilitation to maximize individual potential and minimize institutionalization; and

(6) provide services in the least restrictive setting, enabling a person to live as normally as possible within the limitations of the disability.
Alaska Stat. § 47.05.390 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.390
Definitions.
Status: in_force

In AS 47.05.300  47.05.390, unless the context otherwise requires, (1) criminal justice information has the meaning given in AS 12.62.900 ;

(2) entity means an entity listed in AS 47.32.010 (b) or (c) or an individual service provider as described in AS 47.05.300 and includes an owner, officer, director, member, or partner of the entity;

(3) individual service provider means an individual described in AS 47.05.300 (a), and includes those listed in AS 47.05.300 (b);

(4) license includes a provisional license;

(5) unsupervised means that an individual who is licensed under AS 47.32 , after submitting a criminal history background check, is not physically present to observe the volunteer at the entity.
Alaska Stat. § 47.30.585 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.585
Telehealth.
Status: in_force

(a) An entity designated by the department under AS 47.30.520  47.30.620 may provide community mental health services authorized under AS 47.30.520  47.30.620 through telehealth to a patient in this state.

(b) If an individual employed by an entity designated by the department under AS 47.30.520  47.30.620, in the course of a telehealth encounter with a patient, determines that some or all of the encounter will extend beyond the community mental health services authorized under AS 47.30.520  47.30.620, the individual shall advise the patient that the entity is not authorized to provide some or all of the services to the patient, recommend that the patient contact an appropriate provider for the services the entity is not authorized to provide, and limit the encounter to only those services the entity is authorized to provide. The entity may not charge a patient for any portion of an encounter that extends beyond the community mental health services authorized under AS 47.30.520  47.30.620.

(c) A fee for a service provided through telehealth under this section must be reasonable and consistent with the ordinary fee typically charged for that service and may not exceed the fee typically charged for that service.

(d) An entity permitted to provide telehealth under this section may not be required to document a barrier to an in-person visit to provide health care services through telehealth. The department may not limit the physical setting from which an entity may provide health care services through telehealth.

(e) Nothing in this section requires the use of telehealth when an individual employed by an entity designated by the department under AS 47.30.520  47.30.620 determines that providing services through telehealth is not appropriate or when a patient chooses not to receive services through telehealth.

(f) In this section, telehealth has the meaning given in AS 47.05.270 (e).
Alaska Stat. § 47.31.032 — AK Code / Title 47 / Chapter 47.31 / Section 47.31.032
Access to records and information by the department.
Status: in_force

The department is authorized to review, obtain, and copy confidential and other records and information about the patients who were eligible for or were provided financial assistance under this chapter to evaluate compliance with this chapter. The department may obtain the records and information from the patient or directly from the evaluation facility or the designated treatment facility. Records obtained by the department under this section are medical records, shall be handled confidentially, and are exempt from public inspection and copying under AS 40.25.110  40.25.120.
Alaska Stat. § 47.30.912 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.912
Regulations.
Status: in_force

The department shall adopt regulations to implement AS 47.30.700  47.30.915.
Alaska Stat. § 47.32.010 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.010
Purpose and applicability.
Status: in_force

(a) The purpose of this chapter is to establish centralized licensing and related administrative procedures for the delivery of services in this state by the entities listed in (b) and (c) of this section. These procedures are intended to promote safe and appropriate services by setting standards for licensure that will reduce predictable risk; improve quality of care; foster individual and patient rights; and otherwise advance public health, safety, and welfare.

(b) The following entities are subject to this chapter and regulations adopted under this chapter by the Department of Health: (1) ambulatory surgical centers;

(2) assisted living homes;

(3) child care facilities;

(4) freestanding birth centers;

(5) home health agencies;

(6) hospices, or agencies providing hospice services or operating hospice programs;

(7) hospitals;

(8) host care homes;

(9) intermediate care facilities for individuals with an intellectual disability or related condition;

(10) maternity homes;

(11) nursing facilities;

(12) residential child care facilities;

(13) residential psychiatric treatment centers;

(14) rural health clinics;

(15) subacute mental health facilities.

(c) The following entities are subject to this chapter and regulations adopted under this chapter by the Department of Family and Community Services: (1) child placement agencies;

(2) foster homes;

(3) runaway shelters.

(d) The provisions of AS 47.05.300  47.05.390, regarding criminal history, criminal history checks, criminal history use standards, and civil history databases, apply to entities listed in (b) and (c) of this section, as provided in AS 47.05.300 .
Alaska Stat. § 47.12.065 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.065
Dual sentencing provisions.
Status: in_force

(a) The department or the entity selected by it may refer to the appropriate district attorney the circumstances involving a minor who is subject to the provisions of this section because the minor is alleged to have violated a criminal law of the state. Except as provided in (d) of this section, the department or the entity selected by it may make the referral if the minor was 16 years of age or older at the time of the offense, and the offense is (1) a felony that is a crime against a person and the minor has previously been adjudicated a delinquent under the laws of this state or substantially similar laws of another jurisdiction for a felony offense that is a crime against a person; or

(2) sexual abuse of a minor in the second degree.

(b) If a referral is made under (a) of this section, the district attorney may elect to seek imposition of a dual sentence in the case to further the goal and purposes of this chapter as set out in AS 47.12.010 . If the district attorney seeks imposition of a dual sentence, the district attorney shall present the case to the grand jury for indictment. If the grand jury returns an indictment, the district attorney shall file with the court under AS 47.12.040 (a) a petition seeking the minor's adjudication as a delinquent.

(c) If the district attorney decides not to seek imposition of a dual sentence under (b) of this section or if the grand jury does not return an indictment, the case shall proceed under the remaining provisions of this chapter.

(d) The department or the entity selected by it may refer to the appropriate district attorney a person who is subject to the jurisdiction of this chapter under AS 47.12.020 (b) and who is alleged to have committed a felony or other offense. If the district attorney elects to seek imposition of a dual sentence in the matter, the district attorney shall file notice of that election. If the alleged crime is a misdemeanor, the district attorney shall file a delinquency petition. If the alleged crime is a felony, the district attorney shall follow the procedure set out in (b) of this section.
Alaska Stat. § 47.30.360 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.360
Acceptance and expenditure of funds.
Status: in_force

The department may accept on behalf of the state and deposit separate and apart from other public funds grants from the federal government or gifts or contributions from other sources to assist in carrying out the purposes of AS 47.30.350  47.30.400 and may expend the funds for those purposes.
Alaska Stat. § 47.10.113 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.113
Civil custody proceedings.
Status: in_force

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

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

(c) Except as provided in this section, the requirements of AS 25.24.010  25.24.180 apply to a request under this section to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter.
Alaska Stat. § 47.08.040 — AK Code / Title 47 / Chapter 47.08 / Section 47.08.040
Applications for assistance.
Status: in_force

An application for financial assistance under AS 47.08.010  47.08.140 may be filed by a person who has suffered catastrophic illness or by a parent, spouse, or legal guardian of that person, or by any other interested party with the written consent of the person who has suffered the catastrophic illness.
Alaska Stat. § 47.18.050 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.050
Public awareness campaign.
Status: in_force

(a) The department shall develop and implement statewide a continuing public awareness campaign, including appropriate public forums and workshops, radio and television public service announcements, and press releases designed to (1) communicate to the public the scope and magnitude of the adolescent pregnancy and parenthood problem in the state;

(2) encourage community activities that will educate adults and adolescents about the importance of reducing adolescent pregnancy;

(3) enlist the active support and involvement of members of the public and community organizations in the development and implementation of community-based programs and activities to reduce adolescent pregnancy and assist adolescent parents in obtaining needed educational, vocational, and parenting skills.

(b) A primary policy and objective of the public awareness campaign required under (a) of this section shall be to encourage adolescents to abstain from premarital sexual intimacy.

Article 3. Adolescent Pregnancy Projects.
Alaska Stat. § 47.10.050 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.050
Appointment of guardian ad litem or attorney.
Status: reserved

(a) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a child will be promoted by the appointment of an attorney to represent the child, the court may make the appointment. If it appears to the court that the welfare of a child in the proceeding will be promoted by the appointment of a guardian ad litem, the court shall make the appointment. Appointment of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310 .

(b) [Repealed, § 55 ch 59 SLA 1996.]
Alaska Stat. § 47.75.010 — AK Code / Title 47 / Chapter 47.75 / Section 47.75.010
Purpose.
Status: in_force

The purpose of the state plan for social services is to assess the state's needs for existing and new social services, to establish priorities among these needs, and to present an annual implemental plan to meet those needs based upon available state and federal financing with the goals of (1) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;

(2) achieving or maintaining self-sufficiency, including reduction or prevention of dependency;

(3) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families;

(4) preventing or reducing inappropriate institutional care by providing alternative types of care including community-based care, home-based care, or other forms of less intensive care; and

(5) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions.
Alaska Stat. § 47.05.105 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.105
Enhanced computerized eligibility verification system.
Status: in_force

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

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

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

(d) To avoid a conflict of interest, the department may not award a contract to provide services for the enrollment of public assistance providers or applicants under this title to a vendor that is awarded a contract under this section.
Alaska Stat. § 47.07.067 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.067
Payment for adult dental services.
Status: in_force

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

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

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

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

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

(e) As used in this section, minimum treatment means the application or prescription of a medication or material deemed necessary by a licensed dentist for the immediate relief of pain or to reduce the spread of infection.
Alaska Stat. § 47.17.027 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.027
Duties of school officials.
Status: in_force

(a) If the department or a law enforcement agency provides written certification to the child's school officials that (1) there is reasonable cause to suspect that the child has been abused or neglected by a person responsible for the child's welfare or as a result of conditions created by a person responsible for the child's welfare; (2) an interview at school is a necessary part of an investigation to determine whether the child has been abused or neglected; and (3) the interview at school is in the best interests of the child, school officials shall permit the child to be interviewed at school by the department or a law enforcement agency before notification of, or receiving permission from, the child's parent, guardian, or custodian. A school official shall be present during an interview at the school unless the child objects or the department or law enforcement agency determines that the presence of the school official will interfere with the investigation. The interview shall be conducted as required under AS 47.17.033 . Immediately after conducting an interview authorized under this section, and after informing the child of the intention to notify the child's parent, guardian, or custodian, the department or agency shall make every reasonable effort to notify the child's parent, guardian, or custodian that the interview occurred unless it appears to the department or agency that notifying the child's parent, guardian, or custodian would endanger the child.

(b) A school official who, with criminal negligence, discloses information learned during an interview conducted under (a) of this section is guilty of a class B misdemeanor.
Alaska Stat. § 47.30.839 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.839
Court-ordered administration of medication.
Status: in_force

(a) An evaluation facility or designated treatment facility may use the procedures described in this section to obtain court approval of administration of psychotropic medication if (1) there have been, or it appears that there will be, repeated crisis situations as described in AS 47.30.838 (a)(1) and the facility wishes to use psychotropic medication in future crisis situations; or

(2) the facility wishes to use psychotropic medication in a noncrisis situation and has reason to believe the patient is incapable of giving informed consent.

(b) An evaluation facility or designated treatment facility may seek court approval for administration of psychotropic medication to a patient by filing a petition with the court, requesting a hearing on the capacity of the person to give informed consent and on the proposed use of psychotropic medication. The petition shall provide specific information regarding the factors listed in AS 47.30.837 (d)(2)(A) - (E)..

(c) A patient who is the subject of a petition under (b) of this section is entitled to an attorney to represent the patient at the hearing. If the patient cannot afford an attorney, the court shall direct the Public Defender Agency to provide an attorney. The court may, upon request of the patient's attorney, direct the office of public advocacy to provide a guardian ad litem for the patient.

(d) Upon the filing of a petition under (b) of this section, the court shall appoint a visitor to assist the court in investigating the issue of whether the patient has the capacity to give or withhold informed consent to the administration of psychotropic medication. The visitor shall gather pertinent information and present it to the court in written or oral form at the hearing. The information must include documentation of the following: (1) the patient's responses to a capacity assessment instrument administered at the request of the visitor;

(2) any expressed wishes of the patient regarding medication, including wishes that may have been expressed in a power of attorney, a living will, an advance health care directive under AS 13.52 , or oral statements of the patient, including conversations with relatives and friends that are significant persons in the patient's life as those conversations are remembered by the relatives and friends; oral statements of the patient should be accompanied by a description of the circumstances under which the patient made the statements, when possible.

(e) Within 72 hours after the filing of a petition under (b) of this section, the court shall hold a hearing to determine the patient's capacity to give or withhold informed consent as described in AS 47.30.837 and the patient's capacity to give or withhold informed consent at the time of previously expressed wishes regarding medication if previously expressed wishes are documented under (d)(2) of this section. The court shall consider all evidence presented at the hearing, including evidence presented by the guardian ad litem, the petitioner, the visitor, and the patient. The patient's attorney may cross-examine any witness, including the guardian ad litem and the visitor.

(f) If the court determines that the patient is competent to provide informed consent, the court shall order the facility to honor the patient's decision about the use of psychotropic medication.

(g) If the court determines by clear and convincing evidence that the patient is not competent to provide informed consent and was not competent to provide informed consent at the time of previously expressed wishes documented under (d)(2) of this section, that the proposed use of medication is in the best interests of the patient considering at a minimum the factors listed in AS 47.30.837 (d)(2)(A)  (E), and that there is no feasible less intrusive alternative, the court shall approve the facility's proposed use of psychotropic medication. The court's approval under this subsection applies to the patient's initial period of commitment if the decision is made during that time period. If the decision is made during a period for which the initial commitment has been extended, the court's approval under this subsection applies to the period for which commitment is extended.

(h) If an evaluation facility or designated treatment facility wishes to continue the use of psychotropic medication without the patient's consent during a period of commitment that occurs after the period in which the court's approval was obtained, the facility shall file a request to continue the medication when it files the petition to continue the patient's commitment. The court that determines whether commitment shall continue shall also determine whether the patient continues to lack the capacity to give or withhold informed consent by following the procedures described in (b)  (e) of this section. The reports prepared for a previous hearing under (e) of this section are admissible in the hearing held for purposes of this subsection, except that they must be updated by the visitor and the guardian ad litem.

(i) If a patient for whom a court has approved medication under this section regains competency at any time during the period of the patient's commitment and gives informed consent to the continuation of medication, the evaluation facility or designated treatment facility shall document the patient's consent in the patient's file in writing.

(j) The Alaska Court System shall provide visitors in proceedings under this section. The Alaska Court System may contract for services of court-appointed visitors.
Alaska Stat. § 47.30.710 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.710
Examination; hospitalization.
Status: in_force

(a) A respondent who is delivered under AS 47.30.700  47.30.706 to an evaluation facility for examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional and by a physician within 24 hours after arrival at the facility.

(b) If the mental health professional who performs the emergency examination under (a) of this section has reason to believe that the respondent is mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others, and the respondent is in need of care or treatment, the mental health professional may (1) admit the respondent to a crisis residential center;

(2) hospitalize the respondent; or

(3) arrange for hospitalization, on an emergency basis .

(c) If a mental health professional hospitalizes a respondent or arranges for the hospitalization of a respondent under (b) of this section and a judicial order has not been obtained under AS 47.30.700 , the mental health professional shall apply for an ex parte order authorizing the hospitalization for evaluation.

(d) If a mental health professional readmits a respondent to an evaluation facility after a discharge from a subacute mental health facility, the respondent is not willing to remain at the evaluation facility on a voluntary basis, and a judicial order has not been obtained under AS 47.30.700 , the mental health professional shall apply for an ex parte order authorizing hospitalization for evaluation. Unless otherwise ordered by the court upon receiving the application for an ex parte order, the respondent shall remain at the evaluation facility until the court issues a decision on the application for an ex parte order.
Alaska Stat. § 47.15.010 — AK Code / Title 47 / Chapter 47.15 / Section 47.15.010
Execution of interstate compact.
Status: in_force

The governor shall execute a compact on the behalf of the state with any other state or states legally joining in it in substantially the following form:
Alaska Stat. § 47.20.070 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.070
Establishment of early intervention services system program.
Status: in_force

(a) The department, with the assistance of the Governor's Council on Disabilities and Special Education, shall establish a coordinated, comprehensive, statewide system of multidisciplinary interagency programs that provide appropriate early intervention services to eligible persons under AS 47.20.060  47.20.290.

(b) The department is the lead agency for purposes of federal law with respect to the administration of the early intervention services system required under (a) of this section. The department shall establish and administer the system required under (a) of this section so that the state is eligible for the maximum available funding from public and private sources.

(c) In connection with the system established under (a) of this section, the department shall (1) develop a state plan that identifies the best methods of providing services to children under the age of three with developmental delays or disabilities and their families and report to the governor on the extent to which that plan is being implemented in the state;

(2) develop and implement an educational program concerning the nature and effects of developmental delays and disabilities;

(3) serve as a clearinghouse for educational materials and information about developmental delays and disabilities;

(4) organize and encourage training programs for persons who provide services to children under the age of three with developmental delays and disabilities and their families;

(5) establish a training program for paraprofessionals who provide services to children under the age of three with developmental delays and disabilities and their families;

(6) cooperate with other public and private agencies and individuals to facilitate the transition of children served in the early intervention system to the formal education system;

(7) identify and use all public and private resources available to the state; and

(8) monitor and evaluate the services provided to ensure the demonstrable effectiveness of the services and compliance with state and federal law and department policy regarding the provision of early intervention services.
Alaska Stat. § 47.25.200 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.200
Review of eligibility.
Status: in_force

Assistance grants under AS 47.25.120  47.25.300 shall be reviewed by the department as frequently as it considers necessary, and the amount of assistance may be changed or entirely withdrawn if the review of the circumstances warrants this action.
Alaska Stat. § 47.32.120 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.120
Report.
Status: in_force

(a) Within 10 working days after completing an investigation or inspection under AS 47.32.090  47.32.110, the department that conducted the investigation or inspection shall prepare a report of the results of the investigation or inspection and mail a copy of the report to the entity. The report shall include a description of (1) any violation, including a citation to each statute or regulation that has been violated; and

(2) any enforcement action the department intends to take under AS 47.32.130 or 47.32.140.

(b) An entity that receives a copy of a report under this section may submit a written response to the report to the department that prepared the report. The applicable department may require an entity to submit a response to a report received under this section.

(c) Within 14 days after the entity receives a copy of the report under this section, upon request of the complainant, the department that prepared the report shall provide a copy of the report to the complainant.
Alaska Stat. § 47.10.330 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.330
Notice to minor's legal custodian.
Status: reserved

(a) [Repealed, § 24 ch 33 SLA 1994.] (b) The director of a program for runaway minors shall promptly notify a minor's legal custodian if the minor is released from the program into the custody of a person other than the legal custodian or a person representing the legal custodian.
Alaska Stat. § 47.14.255 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.255
Report.
Status: in_force

(a) The state panel shall prepare and make available to the governor, the legislature, and the public an annual report containing a summary of the activities of the panel conducted under AS 47.14.205  47.14.295 and recommendations for the improvement of child protection services in the state.

(b) Not later than six months after the date on which the report is released under (a) of this section, the department shall submit a written response to the report. The department's response must include a description of whether and how the department will incorporate the recommendations of the panel, where appropriate.
Alaska Stat. § 47.45.150 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.150
Definitions.
Status: in_force

In AS 47.45.010  47.45.160, (1) bonus means a monthly Alaska longevity bonus payment made to a person or the person's beneficiary who qualifies under AS 47.45.010  47.45.160;

(2) resident or resident of the state means an individual who is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state; a person demonstrates the requisite intent by maintaining a principal place of abode in the state for one year and by providing other proof of intent the commissioner may require by regulation, including proof that the person is not claiming residency outside the state or obtaining benefits under a claim of residency outside the state.
Alaska Stat. § 47.33.210 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.210
Residential services contracts.
Status: in_force

(a) A person may not begin residency in an assisted living home unless a representative of the home and either the person or the person's representative sign a residential services contract that complies with the provisions of this section. Upon the signing of the contract, the home shall give the resident and the resident's representative, if any, a copy of the contract and place a copy of the contract in the resident's file.

(b) A residential services contract must (1) specifically describe the services and accommodations to be provided by the assisted living home;

(2) set out the rates charged by the home;

(3) specifically describe the rights, duties, and obligations of the resident, other than those specified in this chapter;

(4) set out the policies and procedures for termination of the contract as provided for in this chapter;

(5) state the amount and purpose of any advance payments required by the home; and

(6) set out the home's policy for refund of advance payments in the event of termination of the contract or death of the resident.
Alaska Stat. § 47.27.030 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.030
Family self-sufficiency services.
Status: reserved

(a) A participant in the Alaska temporary assistance program shall cooperate with the department, or its designee, to develop and sign a family self-sufficiency plan that includes (1) the steps the family will take towards the self-sufficiency of the family;

(2) the self-sufficiency services the department will provide to assist the family to attain self-sufficiency;

(3) specific benchmarks to indicate the steps toward successful completion of the family plan;

(4) a statement that the family may be subject to reductions in cash assistance or self-sufficiency services or other sanctions if the family fails to comply with the family plan; and

(5) a statement that describes the necessary conditions and the steps that must be taken to renegotiate the terms of the family plan.

(b) The family self-sufficiency plan must set a time period for the achievement of self-sufficiency from cash assistance under the Alaska temporary assistance program. Initially, that time period may not provide for any more than a total of 60 months of cash assistance under the Alaska temporary assistance program even though the family may eventually be eligible for an exemption under AS 47.27.015 (a)(1). Unless the members of the family who are not dependent children are all exempt under AS 47.27.035 (b)  (d), the time period for receiving cash assistance may not exceed a cumulative total of 24 months unless each nonexempt person is in compliance with the work activity assignment made under AS 47.27.035 .

(c) A family is exempt from the requirement that the family have a self-sufficiency plan under this section if the family (1) does not include a needy adult; or

(2) [Repealed, § 3 ch 75 SLA 2001.] (3) is receiving a diversion payment under AS 47.27.026 .

(d) The department may provide only self-sufficiency services to a family that no longer qualifies for cash assistance due to employment, a family that is disqualified from receiving cash assistance under AS 47.27.015 (a)(1), (c), or (g), or a family that qualifies for cash assistance but requests only self-sufficiency services. Self-sufficiency services that are made available to a family under this subsection shall be based on a determination of need established by the department in regulation. If a family receives only self-sufficiency services, the department may waive the self-sufficiency plan requirements specified in (a) and (b) of this section.
Alaska Stat. § 47.10.394 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.394
Operation of shelters.
Status: in_force

(a) A shelter for runaways may not shelter a runaway minor for more than seven days unless the department determines that (1) the minor is the subject of exceptional circumstances; or

(2) another appropriate setting is not available for the minor.

(b) The provider of a shelter for runaways shall promptly, but within one state working day, inform the department of a runaway minor in the shelter (1) who claims to be the victim of child abuse or neglect;

(2) whom the provider has reasonable cause to suspect has been a victim of child abuse or neglect; or

(3) whom the provider has reason to believe is evading the supervision of the department, the person to whom the department has entrusted supervision, or the minor's legal guardian.

(c) In this section, child abuse or neglect has the meaning given in AS 47.17.290 .
Alaska Stat. § 47.75.020 — AK Code / Title 47 / Chapter 47.75 / Section 47.75.020
State plan.
Status: in_force

(a) The department shall annually provide to the legislature a detailed state plan for the delivery of social services. It includes the following: (1) a needs analysis of social services presently provided or purchased by the state;

(2) a needs analysis of social services that are not presently provided or purchased by the state or not available from any other source in the state;

(3) a needs analysis of social services provided by local governments, nonprofit and charitable organizations, and profit corporations and partnerships, with an emphasis on their availability for purchase by the state;

(4) a priority listing of social services to be provided or purchased by the state for the succeeding fiscal year, including (A) a justification of how each proposed social service shall meet the goals established under AS 47.75.010 ;

(B) the categories of individuals to whom the services are to be provided, including categories based on the income of individuals or their families;

(C) the geographic areas in which the services are to be provided, with the nature and amount of the services to be provided in each area;

(D) a description of the planning, evaluation, and reporting activities to be carried out in order to provide the service;

(E) a description of the organizational structure through which the program will be administered, including the extent to which public and private agencies and volunteers will be utilized in the provision of the services;

(F) estimated expenditures required for each of the services to be provided, each of the categories of individuals to whom the services are to be provided, and each of the geographic areas in which the services are to be provided; and a comparison between estimated state and other expenditures for the services necessary to insure adequate availability of services to the entire population of the state;

(5) a comprehensive budget for services provided or purchased by the state based upon the prioritized listing required in (4) of this subsection including expenditures for administration, planning, evaluation, and personnel training directly related to the provision of those services; and

(6) recommendations as to any necessary changes in existing laws, including licensing to improve the quality and availability of social services, facilities and institutions, and social services manpower.

(b) The state plan required by this chapter is the official state plan prepared for the delivery of social services in the state and shall include and meet all the applicable provisions required by title XX of the Social Security Act, P.L. 93-647. The state plan may not be limited to the planning of services funded by title XX, but must include all the social services purchased or provided by the state or any of its subdivisions.
Alaska Stat. § 47.06.090 — AK Code / Title 47 / Chapter 47.06 / Section 47.06.090
Cooperation with federal government.
Status: in_force

It is the public policy of the state to cooperate and coordinate with the United States government and its agencies in providing for and administering federal and state laws for adult public assistance and the other assistance that is provided for or extended to the people of the state.
Alaska Stat. § 47.30.695 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.695
Request by parent or guardian for release of minors under 18 years of age from detention and commitment.
Status: in_force

The parent or guardian of a minor who is less than 18 years of age may file a notice to withdraw the minor from the facility. On receipt of the notice, (1) the facility may discharge the minor to the custody of the parent or guardian; or

(2) if, in the opinion of the treating physician, release of the minor would be seriously detrimental to the minor's health, the treating physician may (A) discharge the minor to the custody of the parent or guardian after advising the parent or guardian that this action is against medical advice and after receiving a written acknowledgment of the advice; or

(B) refuse to discharge the minor, initiate involuntary commitment proceedings, and continue to hold the minor until a court order under AS 47.30.700 has been issued; or

(3) if, in the opinion of the treating physician, the minor is likely to cause serious harm to self or others and there is reason to believe the release could place the minor in imminent danger, the treating physician shall refuse to discharge the minor, and shall initiate involuntary commitment proceedings and continue to hold the minor until a court order under AS 47.30.700 has been issued.

Article 7. Involuntary Admission for Treatment.
Alaska Stat. § 47.30.833 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.833
Nutritional evaluation; right to proper diet.
Status: in_force

(a) A treatment facility shall conduct a nutritional evaluation of a person admitted or committed to a treatment facility for evaluation or treatment, whether the person is a voluntary or involuntary patient. The evaluation shall be conducted within the first week after the patient is admitted or committed.

(b) Notwithstanding (a) of this section, a treatment facility is not required to conduct a nutritional evaluation of a patient who is released within 72 hours of arrival.

(c) A patient has the right to a nutritionally sound and medically appropriate diet. After conducting the nutritional evaluation required under (a) of this section, the treatment facility shall take appropriate steps to correct the patient's nutritional deficiencies.