(Revision. 12/1/09)
AS 47.14.100 Powers and Duties of Department over Care of Child
To ensure that children receive the appropriate level of care and services needed to address mental health, substance abuse, developmental needs, and safety.
The department may not pay for inpatient psychiatric services in an out-of-state psychiatric hospital facility or residential psychiatric treatment center for a child in custody unless the department determines that the services are consistent with the child’s clinical diagnosis and appropriately address the child’s needs, the child’s needs cannot be adequately met in a less restrictive and more normative setting, and these services are not available in the state.
The department may not pay for in-state residential psychiatric treatment centers unless the department determines that the services are consistent with the child’s clinical diagnosis and appropriately address the child’s needs and these services and that the child’s needs cannot be adequately met in a less restrictive and more normative setting.
If appropriate services become available in Alaska for a child who is receiving inpatient psychiatric services in an out-of-state facility, the child will be transferred to the Alaska facility. If the child is not transferred to the Alaska facility, the state will not continue to pay for the services unless the department determines that the transfer would be detrimental to the child’s mental health, due to an established therapeutic relationship, or documented clinical need.
As soon as child’s condition improves to the point that the child’s needs can, on a sustainable basis, be met in a less restrictive and more normative setting, the child will be transferred.
Out-of-state residential care placements will only be considered when the child’s treatment needs are so severe that there are no in-state resources available to meet the child’s needs and/or the child’s family has moved out of state and the plan is for the child to be reunited with the family members in the other state.
Placement in in-state residential psychiatric treatment centers will only be considered when the child’s treatment needs are so severe that they cannot be met at a lower level of care.
The Residential Psychiatric Treatment Center (RPTC) Review Committee will include at least one representative from OCS, Division of Juvenile Justice (DJJ), and Division of Behavioral Health (DBH), and the Interstate Compact on the Placement of Children (ICPC) deputy compact administrator.
The RPTC Review Committee must review and approve all referrals for both out-of-state and in-state residential psychiatric treatment center placements of children in the custody of the department, regardless of whether Office of Children’s Services (OCS) will pay for the placement or not.
Out-of-state facilities must be approved by the RPTC Review Committee based on the ability of the facility to meet the child’s needs and the proximity to relatives who could provide a permanent placement for a child after discharge from the facility or to Alaska.
A contract will be developed with the facility for each child placed. The contract will specify responsibilities for payment, for provision of medical care, and for treatment planning. Contracts will be time-limited and can be signed only by the appropriate State Office staff person.
Placements in residential psychiatric treatment facilities must be staffed on a quarterly basis with the assigned OCS Regional Psychiatric Nurse, the RPTC Review Committee, and local staff.