(Revision. 1/1/17)
AS 47.10.010 Jurisdiction,
AS 47.10.080 Judgments and Orders
AS 47.10.087 Placement in Secure Residential Psychiatric Treatment Centers,
AS 47.14.100(a) Powers and duties of department over care of child;
7 AAC 67.005-990 Foster Home Licensing Standards,
7 AAC 53.010-140 Child Foster Care Payment Regulations,
P. L. 96-272 Adoption Assistance and Child Welfare Act of 1980,
P. L. 103-382 Multiethnic Placement Act of 1994,
P. L. 104-188, section 1808Small Business Job Protection Act of 1996
To provide policy and procedures to Protective Services (PS) Specialist on the placement options for children and youth in care.
Prohibited State agencies and other entities that receive Federal funding and were involved in foster care or adoption placements from delaying, denying, or otherwise discriminating when making a foster care or adoption placement decision on the basis of the parent or child's race, color, or national origin.
Allowed an agency or entity to consider the cultural, ethnic, or racial background of a child and the capacity of an adoptive or foster parent to meet the needs of a child with that background when making a placement.
Proceedings relating to a child under 18 years of age residing or found in the state are governed by this chapter when the child is alleged to be or may be determined by the court to be a child in need of aid under AS 47.10.011.
The court shall order the child committed to the department for placement in an appropriate setting for a period of time not to exceed two years or in any event not to extend past the date the child becomes 19 years of age, except that the department, the child, or the child’s guardian ad litem may petition for and the court may grant a hearing.
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 meets the requirements in AS 47.10.087.
For a child 16 years of age or older, the department may authorize another transitional living arrangement, including student dormitory residence at a postsecondary educational institution, which adequately meets the child’s needs and is designed to assist the child’s transition to independent living.
Policy:
All placements will be in the least restrictive setting in reasonable proximity to the child’s home, extended family or siblings meeting the needs of the child.
The court may authorize the department to place a child who is in custody under AS 47.10.080(c)(10 or (3) or 47.10.142 in a secure residential psychiatric treatment center.
Race and ethnicity may not be the sole factor when considering placement, and may not delay placement of the child.
For Alaska Native or American Indian children, the child’s Tribal membership or citizenship or eligibility for membership or citizenship in an Indian Tribe, as opposed to race or ethnicity, will govern the placement preference under the Indian Child Welfare Act.
Placement Options:
Own Home: When a parent or Indian Custodian can provide minimally sufficient level of care which ensures a level of health and safety, the child will be maintained in the child’s own home.
Relative Care Home: The first option to be considered in any out-of-home placement is a relative of extended family members home. Family members can help a child retain ties to their culture and family. If relatives request to care for the child and has been adequately assessed and approved for placement, the child will be placed with relatives, even if the parents or Indian custodian object. Relatives or extended family members may be licensed or unlicensed. See section 2.6.1 Placements for additional information regarding relative placements.
Emergency Shelter: The term emergency shelter refers to a type of out-of-home care where the placement of the child was made with less than 24 hour’s notice to the foster family or shelter.
If a child is placed in emergency shelter care in a residential child care facility, the placement may not exceed 30 days unless there is documentation which shows that continued care is necessary. The need for continued care must be assessed 30 days after admission and every 15 days after that by the child’s PSS and provided to the facility to enable the facility to meet licensing requirements. The assessment must include the reasons for continued care, plans for other placement, and barriers to other placement and plans to eliminate the barriers.
Licensed Foster Family Care: A foster home is a home licensed to care for a child during the period when the child is apart from their parent, guardian or Indian custodian.
Residential Care: RCCF placements are limited to children for whom the division has court-ordered custody. Occasionally RCCF placements for children with voluntary placement agreements may be approved by the Protective Services Manager II.
Placements less than three months must be approved by the PSS IV. Any placement exceeding three months should have a written justification.
The court may authorize the division to place a child who is in custody under AS 47.10.080(c)(10) or (3), or 47.10.142 in a secure residential psychiatric treatment center. For example, a lockable, physician-directed residential child care facility, if the court finds, based on the testimony of a mental health professional that:
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 another person;
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
There is a reason to believe that the child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.
Placement in a secure facility which has been authorized by the court must be reviewed by the court at least once every 90 days, and at the review, the court may authorize the division to continue the placement.
Out of State Placement:
Residential: Children in custody may be placed in out-of-state residential care only when such care is not available in the state, and all possible alternatives and resources in Alaska, including Alaska Youth Initiative, have been exhausted. All out-of-state residential placements must be reviewed by the Regional Placement Committee and approved by the PSM II and the state office placement committee. See ICPC Chapter, and Administration Chapter, section 6.5.2 Residential Psychiatric Center Level of Care, for specific procedures.
Non-Residential: Consideration of an out-of-state foster home may occur any time for a child in custody if it is in child’s interest and appropriate. For example, when a child’s parent(s) or Indian custodian are out of state, and placement near the parent is appropriate or when permanent foster parents to a child are moving out of state. In all cases, follow the Interstate Compact for the Placement of Children (ICPC) procedures, and ICPC approval must occur before the placement happens.
Interstate compact placement procedures will be followed in all out-of-state placements or when OCS has custody.
OCS works collaboratively with the Indian child’s Tribe throughout the case on placement decisions regarding their Tribal children. For all out of state placements, consult the Indian child’s Tribe before a decision to place a child out of state. Document the Tribe’s position in an ORCA activity note. For Alaska Native/American Indian children who are receiving psychiatric treatment, the Indian child’s Tribe will be invited to participate in treatment team meetings and kept informed of treatment recommendations. For residential placements, provide the Tribes decision the Regional Placement Committee before the review.
Unlicensed Transitional Living, Education Facilities, and Programs. Placement of youth in custody in the unlicensed transitional living arrangement, including a student dormitory residence at a post-secondary educational or vocational institution must adequately meet the child’s needs and designed to assist in the child’s transition to independent living.