00                            HOUSE BILL NO. 363                                                                          
01 "An Act relating to the placement of foster children in psychiatric hospitals."                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 47.10.087(a) is amended to read:                                                                   
04 (a)  The court may authorize the department to place a child who is in the                                              
05 custody of the department under AS 47.10.080(c)(1) or (3) or 47.10.142 in a secure                                      
06 residential psychiatric treatment center or psychiatric hospital if the court finds,                                
07       based on the testimony of a mental health professional, that                                                      
08                 (1)  the child is gravely disabled or is suffering from mental illness and,                             
09       as a result, is likely to cause serious harm to the child or to another person;                                   
10                 (2)  there is no reasonably available, appropriate, and less restrictive                                
11       alternative for the child's treatment or that less restrictive alternatives have been tried                       
12       and have failed; and                                                                                              
13                 (3)  there is reason to believe that the child's mental condition could be                              
14       improved by the course of treatment or would deteriorate if untreated.                                            
15    * Sec. 2. AS 47.10.087(b) is amended to read:                                                                      

01 (b)  A court shall review a placement made under this section at least once                                             
02 every 90 days. The court may authorize the department to continue the placement of                                      
03 the child in a secure residential psychiatric treatment center or psychiatric hospital if                           
04 the court finds, based on the testimony of a mental health professional, that the                                       
05 conditions or symptoms that resulted in the initial order have not ameliorated to such                                  
06 an extent that the child's needs can be met in a less restrictive setting and that the                                  
07 child's mental condition could be improved by the course of treatment or would                                          
08       deteriorate if untreated.                                                                                         
09    * Sec. 3. AS 47.10.087(c) is amended to read:                                                                      
10 (c)  The department shall transfer a child from a secure residential psychiatric                                        
11 treatment center or psychiatric hospital to another appropriate placement if the                                    
12 mental health professional responsible for the child's treatment determines that the                                    
13 child would no longer benefit from the course of treatment or that the child's treatment                                
14 needs could be met in a less restrictive setting. The department shall notify the child,                                
15 the child's parents or guardian, and the child's guardian ad litem of a determination and                               
16       transfer made under this subsection.