Alaska Statutes 47.12.255 – Placement in secure residential psychiatric treatment centers

(a) The court may authorize the department to place a minor who is in the custody of the department under Alaska Stat. § 47.12.120(b)(1) or (3) or 47.12.140 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that

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Terms Used In Alaska Statutes 47.12.255

court: means the superior court of the state. See Alaska Statutes 47.12.990
department: means the Department of Family and Community Services. See Alaska Statutes 47.12.990
gravely disabled: has the meaning given in Alaska Stat. See Alaska Statutes 47.12.990
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
mental health professional: has the meaning given in Alaska Stat. See Alaska Statutes 47.12.990
mental illness: has the meaning given in Alaska Stat. See Alaska Statutes 47.12.990
minor: as used in this chapter includes a person described in this section. See Alaska Statutes 47.12.022
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
secure residential psychiatric treatment center: has the meaning given "residential psychiatric treatment center" in Alaska Stat. See Alaska Statutes 47.12.990
Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(1) the minor is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the minor or to another person;

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

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

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

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

(d) In this section, “likely to cause serious harm” has the meaning given in Alaska Stat. § 47.30.915.

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