reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.060. Receipt of federal money.

The Department of Administration shall accept and receive all grants of money awarded to the state under 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act, Medical Assistance). All money received shall be deposited by the Department of Administration in a special account of the general fund and shall be used by the state exclusively for medical assistance and the administration of medical assistance under the provisions of this chapter. This money shall be paid from the account on a certified disbursement voucher from the department.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.063. Payment for certain services furnished or paid for by a school district.

(a) The department may pay medical assistance under this chapter to a school district on behalf of an eligible child with a disability for rehabilitative and other mandatory and optional services covered under this chapter that are furnished or paid for by the school district if
(1) the school district and the department have entered into an agreement requiring the school district to reimburse the department for any state financial share required by the federal government;
(2) the rehabilitative and other mandatory and optional services are
(A) included in the child's individualized education program developed under AS 14.30.278; and
(B) otherwise eligible for reimbursement under this chapter;
(3) the child is a child with a disability who
(A) is eligible for medical assistance under this chapter for the services; and
(B) complies with all applicable provisions of this chapter for that assistance;
(4) the school district fully complies with billing, auditing, and reporting required under the approved state plan described in AS 47.07.040;
(5) reimbursement of payment for the rehabilitative and other mandatory and optional services under this section does not exceed reimbursement allowable for the services under this chapter; and
(6) all other requirements of federal and state law are met.
(b) Notwithstanding any contrary provision of state law, the school district shall allow the department access to medical, financial, and other records of the child that are in the possession of the school district in order to verify eligibility for services under this chapter. The department shall keep information received under this subsection confidential to the same extent as the school district is required to keep the information confidential under law.
(c) The department may adopt regulations to carry out this section.
(d) In this section, unless the context otherwise requires,
(1) “child with a disability” has the meaning given in AS 14.30.350;
(2) “rehabilitative services” has the meaning given in 42 C.F.R. 440.130;
(3) “school district” has the meaning given the term “district” in AS 14.17.990, but includes a state boarding school established under AS 14.16.010.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.065. Payment for prescribed drugs.

(a) The department shall pay for prescribed drugs under AS 47.07.030(b) under regulations adopted by the commissioner in conformity with applicable federal regulations.
(b) The department shall adopt in regulation and regularly update a preferred drug list and a prior authorization medications list under a state program permitted under 42 U.S.C. 1396r-8 (Title XIX, Social Security Act). The department shall take other reasonable cost savings and cost containment measures, including pursuing and securing negotiated rates, rebates, and contracts or other agreements on covered outpatient drugs. In this subsection, “preferred drug list” means a list of prescription medications within a therapeutic class and suggested as the first choice when prescribed for individuals within the medical assistance program.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.067. Payment for adult dental services.

(a) Subject to appropriation, the department shall pay for minimum treatment and for preventative and restorative adult dental services provided under AS 47.07.030(b) and under regulations adopted by the commissioner in conformity with applicable federal requirements and this chapter. Regulations adopted under this section must include the following:
(1) except as provided in (d) of this section, a maximum amount of benefits for preventative and restorative adult dental services of $1,150 for each eligible recipient in a fiscal year; and
(2) specification of the scope of coverage for preventative and restorative adult dental services.
(b) On or before June 30 of each year, the department shall review appropriations available for the purposes of this section for the following fiscal year, and estimate the scope of services to be used and the number of eligible recipients anticipated to be served during the following fiscal year. Notwithstanding the maximum amount of benefits specified in (a)(1) of this section, the department shall reduce, by regulation, the specified maximum amount of benefits for the following fiscal year if the department's estimates under this subsection would exceed appropriations available for that fiscal year.
(c) Notwithstanding any contrary provision of AS 44.62, the department may adopt emergency regulations to implement (b) of this section.
(d) If the department authorizes or approves payment for complete or partial dentures for an eligible recipient, the department may authorize the payment in one fiscal year of the maximum payment amount for not more than two fiscal years. A recipient is not eligible for additional benefits under this section for a two-year period.
(e) As used in this section, “minimum treatment” means the application or prescription of a medication or material deemed necessary by a licensed dentist for the immediate relief of pain or to reduce the spread of infection.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.068. Payment for abortions.

(a) The department may not pay for abortion services under this chapter unless the abortion services are for a medically necessary abortion or the pregnancy was the result of rape or incest. Payment may not be made for an elective abortion.
(b) In this section,
(1) “abortion” has the meaning given in AS 18.16.090;
(2) “elective abortion” means an abortion that is not a medically necessary abortion;
(3) “medically necessary abortion” means that, in a physician's objective and reasonable professional judgment after considering medically relevant factors, an abortion must be performed to avoid a threat of serious risk to the life or physical health of a woman from continuation of the woman's pregnancy;
(4) “serious risk to the life or physical health” includes, but is not limited to, a serious risk to the pregnant woman of
(A) death; or
(B) impairment of a major bodily function because of
(i) diabetes with acute metabolic derangement or severe end organ damage;
(ii) renal disease that requires dialysis treatment;
(iii) severe pre-eclampsia;
(iv) eclampsia;
(v) convulsions;
(vi) status epilepticus;
(vii) sickle cell anemia;
(viii) severe congenital or acquired heart disease, class IV;
(ix) pulmonary hypertension;
(x) malignancy if pregnancy would prevent or limit treatment;
(xi) kidney infection;
(xii) congestive heart failure;
(xiii) epilepsy;
(xiv) seizures;
(xv) coma;
(xvi) severe infection exacerbated by pregnancy;
(xvii) rupture of amniotic membranes;
(xviii) advanced cervical dilation of more than six centimeters at less than 22 weeks gestation;
(xix) cervical or cesarean section scar ectopic implantation;
(xx) any pregnancy not implanted in the uterine cavity;
(xxi) amniotic fluid embolus; or
(xxii) another physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy that places the woman in danger of death or major bodily impairment if an abortion is not performed.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.070. Payment rates for health facilities.

(a) The department shall, by regulation, set rates of payment for health facilities under this chapter and AS 47.25.120 - 47.25.300 in accordance with 42 U.S.C. 1396 (Title XIX, Social Security Act, Medical Assistance) and this section. A rate established under this section takes effect under AS 44.62 (Administrative Procedure Act) but not until approved in writing by the commissioner. The commissioner may delegate the performance of these functions.
(b) In determining the rates of payment for health facilities for a fiscal year, the department shall, within the limit of appropriations made by the legislature for the department's programs under this chapter and under AS 47.25.120 - 47.25.300 for that fiscal year, including anticipated available federal revenue for that fiscal year, set rates for facilities that are based on
(1) reasonable costs related to patient care; and
(2) audit and inspection results and reports, when the audit or inspection is conducted under AS 47.07.074.
(c) This section does not apply to the minimum daily reimbursement rate specified by law under AS 47.24.017 or AS 47.25.195(e) for assisted living homes.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.071. Reports by health facilities.

After the end of each fiscal year of a health facility, the facility shall submit to the department a report on the facility's financial performance during the fiscal year. The commissioner shall, by regulation, establish the date by which this financial report is due.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.073. Uniform accounting, budgeting, and reporting.

(a) The department by regulation shall require a uniform system of accounting, budgeting, and reporting for health facilities receiving payments under this chapter. The regulations must provide for reporting revenues, expenses, assets, liabilities, units of service, and other items considered necessary by the department to implement this chapter.
(b) [Repealed, § 6 ch 28 SLA 2003.]
(c) The department may waive or modify a requirement for accounting, budgeting, or reporting for a health facility if waiver or modification is consistent with the policies of this chapter.
(d) Notwithstanding other provisions of this section, the department may, by regulation, modify the system of accounting, budgeting, and reporting required under this section for a health facility having fewer than 25 acute care beds in order to reduce the operating costs of that facility.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.074. Audits and inspections.

(a) As a condition of obtaining payment under AS 47.07.070, a health facility shall allow
(1) the department reasonable access to the records of medical assistance recipients and providers; and
(2) audit and inspection of the records by state and federal agencies.
(b) The department may establish the scope and timing of audits under this chapter. The department may provide that audits will be conducted less frequently than annually.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.075. Administrative procedure.

(a) Actions of the department regarding health facility payment rates under this chapter and AS 47.25.120 - 47.25.300 are subject to provisions of AS 44.62 (Administrative Procedure Act) except as provided in (b) of this section, and the hearing for an appeal must be conducted by the office of administrative hearings (AS 44.64.010).
(b) The commissioner shall, by regulation, establish time limits applicable to the various phases of an administrative appeal process involving an appeal of the amount of a payment rate set by the department for a facility. The time limits set under the regulations supersede conflicting time limits in AS 44.62.330 - 44.62.630. The regulations must provide that
(1) a hearing for an appeal described in this subsection must be scheduled under AS 44.62.410 to occur no more than 120 days after written notice of rate appeal has been received by the department from a facility unless the facility requests a delay or good cause for the delay is demonstrated to the satisfaction of the hearing officer;
(2) the commissioner must, within 30 days after receiving the recommendation of the hearing officer, either render a decision in the case or refer the case back to a hearing officer for additional findings;
(3) if either time limit set under (1) or (2) of this subsection is not met, the department shall report the noncompliance to the legislature and the governor by the following January 20 with an explanation of the length of delay, reasons for the delay, and proposed corrective action by the department to ameliorate the causes of delay.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.076. Reports to legislature.

(a) The department and the attorney general shall annually prepare a report relating to the medical assistance program under this chapter. The report must include the following information:
(1) the amount and source of funds used to prevent or prosecute fraud, abuse, payment errors, and errors in eligibility determinations for the previous fiscal year;
(2) actions taken to address fraud, abuse, payment errors, and errors in eligibility determinations during the previous fiscal year;
(3) specific examples of fraud or abuse that were prevented or prosecuted;
(4) identification of vulnerabilities in the medical assistance program, including any vulnerabilities identified by independent auditors with whom the department contracts under AS 47.05.200;
(5) initiatives the department has taken to prevent fraud or abuse;
(6) recommendations to increase effectiveness in preventing and prosecuting fraud and abuse;
(7) the return to the state for every dollar expended by the department and the attorney general to prevent and prosecute fraud and abuse;
(8) the most recent payment error rate measurement report for the medical assistance program, including fee for service programs and pilot or demonstration projects; the report must also explain the reasons for the payment errors and the total amount of state and federal funds paid in error during the reporting period and not recovered by the department at the time of the report;
(9) results from the Medicaid Eligibility Quality Control program.
(b) On or before November 15 of each year, the department shall submit the report required under (a) of this section to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.
(c) [Repealed, §§ 53, 61(f), 66 ch 25 SLA 2016.]
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.010. Reimbursement of providers.

(a) Subject to (b) of this section, under AS 47.08.010 - 47.08.140, the Department of Health may reimburse providers of medical care for unpaid costs incurred in the treatment of a person suffering an illness or accident that results in financial catastrophe to the person or the person's family.
(b) At the beginning of each fiscal year, the commissioner of health shall determine whether sufficient appropriations have been made for the anticipated costs of services to needy persons under AS 47.08.150 and the anticipated costs of reimbursements under (a) of this section. The Department of Health may not accept applications for reimbursement under (a) of this section for a fiscal year if, at the beginning of the fiscal year the department determines that
(1) there are insufficient funds appropriated for the anticipated costs of services for needy persons under AS 47.08.150; or
(2) after subtracting anticipated costs under AS 47.08.150, there are insufficient funds appropriated for anticipated reimbursements under (a) of this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.020. Catastrophic Illness Committee.

There is created the Catastrophic Illness Committee, consisting of a medical review officer from the Department of Health, a member appointed by the governor who has suffered a catastrophic illness, and a representative of the Department of Commerce, Community, and Economic Development appointed by the governor.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.040. Applications for assistance.

An application for financial assistance under AS 47.08.010 - 47.08.140 may be filed by a person who has suffered catastrophic illness or by a parent, spouse, or legal guardian of that person, or by any other interested party with the written consent of the person who has suffered the catastrophic illness.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.050. Services excluded from coverage.

Annually, the committee shall determine in light of appropriated funds and expected need the medical expenses reimbursable under AS 47.08.010 - 47.08.140, except that the following are not reimbursable:
(1) dentistry and optometry unless prescribed by a licensed dentist or physician as medically necessary as the result of the injury or illness;
(2) elective medical or surgical procedures;
(3) drugs and medications not prescribed by a licensed physician;
(4) services received as a result of a pregnancy or birth without unusual complications;
(5) private psychological or psychiatric treatment or private alcoholism treatment, unless not available from public agencies or programs;
(6) chiropractic services and services provided by a person who practices naturopathy;
(7) services not of a medical nature;
(8) medical services currently provided to persons in the custody of the Department of Corrections;
(9) costs incurred before July 1976.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.060. Calculation of applicant's share.

(a) As frequently as necessary the committee shall adopt, in light of appropriated funds and expected need, a formula to be used in determining the applicant's share of total medical expenses incurred as a result of a catastrophic illness, based on the applicant's annual gross income, number of dependents, amount of assets, and forthcoming third-party payments, all considered in light of the requirement that the applicant's share will be paid to the provider on a payment schedule covering a period of at least three years.
(b) For the purposes of applying the formula to determine the applicant's share, multiple catastrophic illness occurring within a 12-month period to the applicant or other members of the applicant's family shall be treated as one catastrophic illness.
(c) In applying the formula to determine the applicant's share, the total gross income and the total assets of the family of the applicant may be taken into account, with the following exceptions:
(1) the applicant's permanent place of abode;
(2) one noncommercial vehicle;
(3) tools, equipment, vehicles and other assets required in a trade or business;
(4) ordinary household and personal effects;
(5) $1,000 of liquid assets;
(6) all nonliquid assets unless this exclusion would bring about an inequitable result; however, all income derived from this property shall be taken into consideration in determining the recipient's gross income;
(7) inalienable shares in a Native corporation created under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), for the period of their inalienability as specified in the Act;
(8) Alaska longevity bonus payments;
(9) any other assets specifically restricted for the use of the recipient by state or federal law.
(d) Assets received by the applicant as a custodian, guardian, conservator, or trustee for another are not considered assets of the custodian, guardian, conservator, or trustee.
(e) The applicant's share shall be reduced in the amount of any premiums paid for health insurance or a prepaid medical plan up to $500 if incurred in the 12-month period beginning with the occurrence of the injury or the onset of the illness.
(f) Notwithstanding the provisions of this section, the committee may waive payment of an applicant's share when the catastrophic illness is the proximate result of an immunization required by law.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.070. Standards for reimbursement to providers.

The amount that the committee reimburses providers for medical services rendered to a person who has suffered catastrophic illness may not be greater than 100 percent of the total unpaid bills related to the catastrophic illness and shall be determined by the following standards:
(1) only unpaid medical expenses for periods not to exceed 12 months, and related to catastrophic illness, may be considered; the initial 12-month period begins with the date of the first charges incurred because of the illness;
(2) the committee may not reimburse a provider if the applicant's total medical expenses related to the catastrophic illness are less than $1,000 in any period not exceeding 12 months described in (1) of this section after all sources of third-party payment have been exhausted by the applicant or by someone acting on behalf of the applicant;
(3) the committee may not reimburse a provider for the applicant's share of the total medical expenses; moreover, a reimbursement to the provider shall be conditioned on the provider's agreement that the provider enter into a payment schedule with the applicant which will result in full liquidation of the applicant's share; payment schedules may not be for a term of less than three years.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.080. Reconsideration of decision by committee.

The committee shall promptly notify an applicant of its decision with written reasons for the amount of the award or denial. An applicant who is dissatisfied with a decision of the committee may apply to the committee for reconsideration within 30 days of receipt of the decision. The request for reconsideration must include a written statement of grounds for reconsideration and any supporting documentation which was not available to the committee for its original decision. Within 30 days after receipt of a request for reconsideration, the committee shall affirm, amend, or reverse its original decision. The committee shall promptly notify the applicant of its decision upon reconsideration with written reasons for its action. Information describing hearing rights and procedures must be furnished with the written notification of denial.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.090. Hearing.

An applicant who is dissatisfied with the committee's decision upon reconsideration may request a hearing in accordance with procedures established under AS 47.25.180.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.100. Finality of decisions.

Decisions as to catastrophic illness awards are final
(1) 30 days after the applicant receives the committee's decision unless a reconsideration is requested during that time;
(2) 30 days after the applicant receives the committee's decision upon reconsideration unless a hearing is requested during that time;
(3) 15 days after the applicant receives the hearing authority's decision if that decision is not appealed to the director during that time;
(4) upon being notified of the decision of the director if an appeal is taken to the director under AS 47.25.180.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.110. Extension of time limits.

Time limits for reconsideration or for requesting an appeal may be extended, at the discretion of the committee, upon application or upon the committee's own motion. A request for reconsideration or for a hearing shall be considered made on the date when the request is dispatched rather than the date when it is received by the committee.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.120. Recovery from a collateral source.

If the applicant or a provider receives payment from any other source for medical expenses that have been paid by the committee, the applicant or provider is liable to the committee in the amount of that payment. An application may not be considered by the committee unless the applicant agrees to this provision. A provider may not be paid by the committee under AS 47.08.010 - 47.08.140 unless the provider agrees to this provision.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.130. Regulations.

The department may adopt regulations, under AS 44.62 (Administrative Procedure Act) that establish rates of reimbursement to providers for medical expenses incurred, as well as other regulations necessary to carry out the purposes of AS 47.08.010 - 47.08.140.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions › Article 1. Catastrophic Illness Assistance. › Sec. 47.08.140. Definitions.

In AS 47.08.010 - 47.08.140,
(1) “applicant” means a person who has suffered a catastrophic illness and is applying for assistance under AS 47.08.010 - 47.08.140 or is the subject of an application for assistance under AS 47.08.010 - 47.08.140;
(2) “applicant's share” means the amount of the total medical expense related to the catastrophic illness that the committee determines the applicant can reasonably be expected to pay based on income, assets, and number of dependents under AS 47.08.060;
(3) “catastrophic illness” means illness or injury that results in medical expenses of over $1,000 during a period not to exceed 12 months, after all other sources of third-party payment have been exhausted;
(4) “committee” means the Catastrophic Illness Committee, created under AS 47.08.020;
(5) “elective medical or surgical procedures” means treatment that is not essential to the life or health of a person;
(6) “family” means two or more persons related by blood or marriage or adoption living as one economic unit;
(7) “liquid assets” means assets that can be readily converted to cash;
(8) “medical expense” means any financial obligation incurred in the course of treatment of illness as prescribed by a physician, including bills for ancillary services, patient transportation, transportation of a medical or family escort when reasonably necessary, or living expenses while receiving outpatient treatment in a community to which the applicant is not reasonably able to commute from the applicant's permanent place of abode;
(9) “nonliquid assets” means all assets that are not liquid assets;
(10) “permanent place of abode” means a dwelling, or a dwelling unit in a multiple dwelling, including lots and outbuildings or an appropriate portion of these, that are necessary to convenient use of the dwelling unit;
(11) “provider” means a licensed physician, pharmacist, dentist, or other health service worker or a licensed hospital, clinic, skilled nursing home, intermediate care facility or health maintenance organization that has provided services not excluded by AS 47.08.050 to an applicant as a result of a catastrophic illness;
(12) “third-party payments” means payments of medical expenses related to a catastrophic illness by sources other than the applicant or the committee, including but not limited to state and federal medical assistance programs, private health insurance, employment-related health insurance, military health insurance, workers' compensation, violent crimes compensation, Indian Health Service of the United States Department of Health and Human Services, and awards in legal actions.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.005. Construction.

The provisions of this chapter shall be liberally construed to
(1) achieve the end that a child coming within the jurisdiction of the court under this chapter may receive the care, guidance, treatment, and control that will promote the child's welfare and the parents' participation in the upbringing of the child to the fullest extent consistent with the child's best interests; and
(2) follow the findings set out in AS 47.06.030.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.010. Jurisdiction; guardians and attorneys; support.

(a) Proceedings relating to a child under 18 years of age residing or found in the state are governed by this chapter when the child is alleged to be or may be determined by the court to be a child in need of aid under AS 47.10.011.
(b) In a controversy concerning custody of a child under this chapter, the court may appoint a guardian of the person and property of a child, may appoint an attorney to represent the legal interests of the child, and may order support from either or both parents. Custody of a child may be given to the department and payment of support money to the department may be ordered by a court.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.014. Neglect.

For purposes of this chapter, the court may find neglect of a child if the parent, guardian, or custodian fails to provide the child with adequate food, clothing, shelter, education, medical attention, or other care and control necessary for the child's physical and mental health and development, though financially able to do so or offered financial or other reasonable means to do so.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.015. Physical harm.

For the purposes of this chapter, the court may find physical harm to a child or substantial risk of physical harm to a child if
(1) the child was the victim of an act described in AS 11.41.100 - 11.41.250, 11.41.300, 11.41.410 - 11.41.455, or AS 11.51.100 and the physical harm occurred as a result of conduct by or conditions created by a parent, guardian, or custodian; or
(2) a negligent act or omission by a parent, guardian, or custodian creates a substantial risk of injury to the child.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.019. Limitations on determinations.

Notwithstanding other provisions of this chapter, the court may not find a minor to be a child in need of aid under this chapter solely on the basis that the child's family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the generally accepted lifestyle standard of the community where the family lives. However, this section may not be construed to prevent a court from finding that a child is in need of aid if the child has been subjected to conduct or conditions described in AS 47.10.011 - 47.10.015.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.020. Investigation and petition.

(a) Whenever circumstances subject a child to the jurisdiction of the court under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the best interests of the child require that further action be taken. The court shall make the appointment on its own motion or at the request of a person or agency having knowledge of the child's circumstances. If, under this subsection, the court appoints a person or agency to make a preliminary inquiry and to report to it, or if the department is conducting an investigation of a report of child abuse or neglect, the court may issue any orders necessary to aid the person, the agency, or the department in its investigation or in making the preliminary inquiry and report. Upon receipt of the report under this subsection, the court may
(1) close the matter without a court hearing;
(2) determine whether the best interests of the child require that further action be taken; or
(3) authorize the person or agency having knowledge of the facts of the case to file with the court a petition setting out the facts.
(b) The petition and all subsequent pleadings shall be styled as follows: “In the matter of ........................, a child under 18 years of age.” The petition may be executed upon the petitioner's information and belief and must be verified. It must include the following information:
(1) the name, address, and occupation of the petitioner, together with the petitioner's relationship to the child, and the petitioner's interest in the matter;
(2) the name, age, and address of the child;
(3) a brief statement of the facts that bring the child within this chapter;
(4) the names and addresses of the child's parents;
(5) the tribal affiliation, if known, of the child;
(6) the name and address of the child's guardian or of the person having control or custody of the child.
(c) If the petitioner does not know a fact required in this section, the petitioner shall so state in the petition.
(d) [Repealed, § 55 ch 59 SLA 1996.]
(e) Nothing in this section requires the department to obtain authorization from the court before
(1) conducting an investigation of a report of child abuse or neglect; or
(2) filing a petition.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.050. Appointment of guardian ad litem or attorney.

(a) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a child will be promoted by the appointment of an attorney to represent the child, the court may make the appointment. If it appears to the court that the welfare of a child in the proceeding will be promoted by the appointment of a guardian ad litem, the court shall make the appointment. Appointment of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310.
(b) [Repealed, § 55 ch 59 SLA 1996.]
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.081. Predisposition hearing reports.

(a) [Repealed, § 55 ch 59 SLA 1996.]
(b) Before the disposition hearing of a child in need of aid, the department shall submit a predisposition report to aid the court in its selection of a disposition. This report must include, but is not limited to, the following:
(1) a statement of changes in the child's or parent's behavior, which will aid the court in determining that supervision of the family or placement is no longer necessary;
(2) if removal from the home is recommended, a description of the reasons the child cannot be protected or rehabilitated adequately in the home, including a description of any previous efforts to work with the parents and the child in the home and the parents' attitude toward placement of the child;
(3) a description of the potential harm to the child that may result from removal from the home and any efforts that can be made to minimize such harm; and
(4) any further information that the court may request.
(c) The court shall inform the child, the child's parents and the attorneys representing the parties and the guardian ad litem that the predisposition report will be available to them not less than 10 days before the disposition hearing.
(d) For purposes of this section, “parents” means the natural or adoptive parents, and any legal guardian, relative, or other adult person with whom the child has resided and who has acted as a parent in providing for the child for a continuous period of time before this action.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.082. Health and safety of child and other considerations.

In making its dispositional order under AS 47.10.080(c), the court shall keep the health and safety of the child as the court's paramount concern and consider
(1) the best interests of the child;
(2) the ability of the state to take custody and to care for the child to protect the child's best interests under AS 47.10.005 - 47.10.142; and
(3) the potential harm to the child caused by removal of the child from the home and family environment.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.083. Review of orders, requests for extensions.

In a review under AS 47.10.080(f) and in a hearing related to a request for extended commitment or extended supervision under AS 47.10.080(c)(1) or (2), the court shall, in addition to the requirements of those provisions and the requirements of court rules, determine whether a child continues to be a child in need of aid at the time of the review or hearing. The court may not continue or extend state custody or supervision of the child unless the court finds that the child continues to be a child in need of aid except that, if the child is no longer a child in need of aid, the court may establish a specific timetable for gradual reunification of the family and termination of state custody or supervision if the court makes a finding that immediate reunification would be detrimental to the child.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.085. Medical treatment by religious means.

In a case in which the minor's status as a child in need of aid is sought to be based on the need for medical care, the court may, upon consideration of the health of the minor and the fact, if it is a fact, that the minor is being provided treatment by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination, dismiss the proceedings and thereby close the matter. This may be done, in the interests of justice and religious freedom, on the court's own motion or upon the application of a party to the proceedings, at any stage of the proceedings after information is given to the court under AS 47.10.020(a).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.087. Placement in secure residential psychiatric treatment centers.

(a) The court may authorize the department to place a child who is in the custody of the department under AS 47.10.080(c)(1) or (3) or 47.10.142 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that
(1) the child is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the child or to another person;
(2) there is no reasonably available, appropriate, and less restrictive alternative for the child's treatment or that less restrictive alternatives have been tried and have failed; and
(3) there is reason to believe that the child's mental condition could be improved by the course of treatment or would deteriorate if untreated.
(b) A court shall review a placement made under this section at least once every 90 days. The court may authorize the department to continue the placement of the child in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that the conditions or symptoms that resulted in the initial order have not ameliorated to such an extent that the child's needs can be met in a less restrictive setting and that the child's mental condition could be improved by the course of treatment or would deteriorate if untreated.
(c) The department shall transfer a child from a secure residential psychiatric treatment center to another appropriate placement if the mental health professional responsible for the child's treatment determines that the child would no longer benefit from the course of treatment or that the child's treatment needs could be met in a less restrictive setting. The department shall notify the child, the child's parents or guardian, and the child's guardian ad litem of a determination and transfer made under this subsection.
(d) In this section, “likely to cause serious harm” has the meaning given in AS 47.30.915.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.090. Court records.

(a) The court shall make and keep records of all cases brought before it.
(b) [Repealed, § 55 ch 59 SLA 1996.]
(c) Within 30 days after the date of a child's 18th birthday or, if the court retains jurisdiction of a child past the child's 18th birthday, within 30 days after the date on which the court releases jurisdiction over the child, the court shall order all the court's official records pertaining to that child in a proceeding under this chapter sealed. A person may not use these sealed records unless authorized by order of the court upon a finding of good cause.
(d) The name or picture of a child under the jurisdiction of the court may not be made public in connection with the child's status as a child in need of aid unless authorized by order of the court or unless to implement the permanency plan for a child after all parental rights of custody have been terminated. This subsection does not prohibit the release of aggregate information for statistical or other informational purposes if the identity of any particular person is not revealed by the release.
(e) The court's official records under this chapter may be inspected only with the court's permission and only by persons having a legitimate interest in them. A foster parent is considered to have a legitimate interest in those portions of the court's records relating to a child who is placed by the department with the foster parent or who the department proposes for placement with the foster parent.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.092. Disclosure to certain public officials and employees.

(a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of a child subject to a proceeding under AS 47.10.005 - 47.10.142 may disclose confidential or privileged information about the child or the child's family, including information that has been lawfully obtained from agency or court files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed under AS 24.55, the attorney general, and the commissioner of family and community services, administration, or public safety, or an employee of these persons, for review or use in their official capacities. The Department of Family and Community Services and the Department of Administration shall disclose additional confidential or privileged information, excluding privileged attorney-client information, and make copies of documents available for inspection about the child or the child's family to these state officials or employees for review or use in their official capacities upon request of the official or employee and submission of satisfactory evidence that a parent or legal guardian of the child has requested the state official's assistance in the case as part of the official's duties. A person to whom disclosure is made under this section may not disclose confidential or privileged information about the child or the child's family to a person not authorized to receive it.
(b) The disclosure right under (a) of this section is in addition to, and not in derogation of, the rights of a parent or legal guardian of a minor.
(c) The obligations under (a) of this section remain in effect throughout the period that the child is in the custody of the department, including after the parent's parental rights have been terminated with respect to the child, unless the child's parent or legal guardian who made the disclosure under (a) of this section subsequently files a notice with the Department of Family and Community Services that the assistance of the state official or employee is no longer requested.
(d) The Department of Family and Community Services shall notify an official identified under (a) of this section of the opportunity for a parent to file a grievance under AS 47.10.098 when the official is denied access to all or part of a requested record.
(e) Each department shall respond to a request made by an official identified under (a) of this section within five working days after receiving the request, or by a later date specified in the request, by providing access to all or part of the information requested or by providing the specific citation to a federal or state law that prohibits disclosure of all or part of the information requested.
(f) A person who discloses confidential or privileged information in violation of (a) of this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500 or by imprisonment for not more than one year, or by both.