Section 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 AS 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
        (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 AS 47.30.915.

Notes

References

7 AAC 50.830
7 AAC 50.835

History

(Sec. 34 ch 107 SLA 1998)