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AK ST § 47.14.100
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AS § 47.14.100
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West's Alaska Statutes Annotated Currentness
Title 47. Welfare, Social Services and Institutions
Chapter 14. Juvenile Programs and Institutions
Article 2. Care of Children
§
47.14.100. Powers and duties of department over care of child
(a)
Subject to (e), (f), and (i)--(m) of this section, the department shall
arrange for the care of every child committed to its custody by placing
the child in a foster home or in the care of an agency or institution
providing care for children inside or outside
the state. The department may place a child in a suitable family
home, with or without compensation, and may place a child released to
it, in writing verified by the parent, or guardian or other person
having legal custody, for adoptive purposes, in a home
for adoption in accordance with existing law.
(b)
The department may pay the costs of maintenance that are necessary to
assure adequate care of the child, and may accept funds from the federal
government
that are granted
to assist in carrying out the purposes of this chapter, or that are
paid under contract entered into with a federal department or agency.
A child under the care of the department may not be placed in a
family home or institution that does not maintain adequate
standards of care.
(c)
The department may receive, care for, and make appropriate placement of
minors accepted for care for a period of up to six months on the basis
of an individual voluntary written agreement between the minor's parent,
legal guardian, or other person having legal
custody and the department. The agreement must include provisions
for payment of fees under AS 44.29.022 to the department for the
minor's care and treatment. The agreement entered into may not
prohibit a minor's parent, legal guardian, or other person who
had legal custody from regaining care of the minor at any time.
(d)
In addition to money paid for the maintenance of foster children under (b) of this section, the department
(1) shall pay the costs of caring
for foster children with physical or mental disabilities,
including the additional costs of medical care, habilitative and
rehabilitative treatment, services and equipment, and special clothing,
and the indirect costs of medical care, including child care and
transportation expenses;
(2)
may pay for respite care;
in this paragraph, "respite care" means child care for the
purpose of providing temporary relief from the stresses of caring for a
foster child; and
(3)
may pay a subsidized guardianship
payment under AS 25.23.210 when a foster child's foster parents or
other persons approved by the department become court-appointed legal
guardians of the child.
(e)
When a child is removed from a parent's home, the department shall
place the child, in the absence of clear and convincing evidence of good
cause to the contrary,
(1) in the least restrictive
setting that most closely approximates a family and that meets the child's special needs, if any;
(2) within reasonable proximity
to the child's home, taking into account any special needs of the child and the preferences of the child or parent;
(f)
If an adult family member of the child specified under (e) of this
section exists and agrees that the child should be placed elsewhere,
before placement elsewhere, the department shall fully communicate the
nature of the placement proceedings to the adult
family member. Communication under this subsection shall be made
in the adult family member's native language, if necessary.
(g)
The department may enter into agreements with Alaska Native villages or Native organizations under 25 U.S.C. 1919 (Indian Child Welfare Act
of 1978) respecting the care and custody of Native children and jurisdiction of Native child custody proceedings.
(h)
The department may not pay for respite care, as defined in (d) of this
section, unless the department or the entity that has contracted with
the department to provide the respite care requests criminal history
record information as permitted by P.L. 105-277
and AS 12.62 for the individual who provides the respite care within 10
business days after the individual is hired to provide respite care and
reviews the information within five business days after receiving it.
(i)
A child may not be placed with an out-of-home care provider if the
department determines that the child can remain safely at home with one
parent or guardian. In this subsection, "out-of-home care
provider" means an agency or person, other than the child's
legal parents, with whom a child who is in the custody of the state
under AS 47.10.080(c)(1) or (3), 47.10.142, or AS 47.14.100(c) is
currently placed; "agency or person" includes a foster parent, a
relative other than a parent, a person who has petitioned
for adoption of the child, and a residential child care facility.
(j)
For the purpose of determining whether the home of a relative meets the requirements
for placement of a child under (e) of this section or under AS
47.10.088(i), the department shall conduct a criminal background check
from state and national criminal justice information available under AS
12.62. The department may conduct a fingerprint background
check on any member of the relative's household who is 16 years of age
or older when the relative requests placement of the child. For
the purposes of obtaining criminal justice information under this
subsection, the department is a criminal justice agency
conducting a criminal justice activity under AS 12.62.
(k)
Notwithstanding other provisions of this section, the department may
not pay for inpatient psychiatric services provided to a person under 21
years of age and who is in the custody of the department if the
services are provided in an out-of-state psychiatric
hospital facility or an out-of-state residential psychiatric treatment
center unless the department determines that the assistance is for
(1)
psychiatric hospital services
that are consistent with the person's clinical diagnosis and
appropriately address the person's needs and that these services are
unavailable in the state; or
(2)
residential psychiatric treatment center services that are consistent
with the person's clinical diagnosis and appropriately address the
person's needs and that these services are unavailable in the state.
(l)
The department shall, on a monthly basis, evaluate what types of
services are available in the state for inpatient psychiatric care for
persons under 21 years of age. If inpatient psychiatric services
that are consistent with the person's clinical diagnosis
and that appropriately address the person's needs become available at a
location in the state for a person under 21 years of age who is
receiving the services under this section at a location outside the
state, the department shall, as a condition of continued
payment by the state for the services, require the person to be
transferred to the in-state facility unless the department determines
that the transfer would be detrimental to the person's health,
established therapeutic relationship, or clinical need.
(m)
Prima facie evidence of good cause not to place a child with an adult
family member or family friend under AS 47.10.088(i) or under (e) of
this section includes the failure to meet the requirements for a foster
care license under AS 47.32 and regulations adopted
under AS 47.32. Prima facie evidence of good
cause not to place a child with an adult family member or adult family
friend does not include poverty or inadequate or crowded housing.
If the department denies a request for placement with an adult
family member or a family friend, the department shall
inform the adult family member or family friend of the basis for the
denial and the right to request a hearing to review the decision.
A non-party adult family member or family friend requesting a
review hearing under AS 47.10.088(i) or under (e) of this
section is not eligible for publicly appointed legal counsel.
CREDIT(S)
SLA
1996, ch. 59, § 47; SLA 1998, ch. 99,
§§ 47--50; SLA 2003, ch. 35, § 71; SLA 2003, ch. 137, §§ 2, 3; SLA
2004, ch. 23, § 2; SLA 2005, ch. 64, §§ 33--37; SLA 2006, ch. 20, § 8,
eff. May 4, 2006; SLA 2006, ch. 25, § 22, eff. May 10, 2006.
Amended by SLA
2008, ch. 40, § 53, eff. May 23,
2008; SLA
2009, ch. 41, § 72, eff. June 21, 2009.
Second
Regular Session the 26th
Legislature.(2010)