Section 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.

Notes

Implemented As

7 AAC 50.825
7 AAC 50.830
7 AAC 50.835
7 AAC 50.840

References

7 AAC 50.830
7 AAC 50.835

History

(Sec. 7 ch 107 SLA 1998)