AlaskaCourts review hospital psychiatric care for children in state custody
Children in department custody may receive psychiatric care in a hospital, with prompt notice to families and court review before care continues.
What it does
The department may seek psychiatric care for a child in its custody at a hospital when an admission official finds a serious risk of harm and no suitable, less restrictive option. A court must review continued placement.
A court may approve placement in a residential psychiatric treatment center only after finding serious risk, no suitable less restrictive option, and a reason treatment may help. The court must review the placement at least every 90 days.
Licensed treatment foster parents must take ongoing training in trauma-informed care. Their homes must meet that training requirement and provide round-the-clock specialized services to children with specified needs.
A child placed in a hospital under the short-term psychiatric-care rules must have an attorney appointed by the court.
Some publicly supported children under 21 in foster care or treatment foster homes could qualify for medical assistance, but federal approval is required before this coverage can take effect.
Argument forNotice and quick court review could help a child move to a less restrictive setting when hospital care is no longer needed.
Argument againstA child could remain in a hospital while waiting for court review, and a permitted hearing delay could extend that stay.
More detail
The department may seek psychiatric care for a child at a hospital that is not a residential psychiatric treatment center. This applies to children in department custody under the child-welfare laws listed in the text. The hospital admission official must find that the child has a mental illness and may seriously harm the child or another person, and that no suitable, less restrictive treatment is reasonably available. A court may allow the placement to continue only after the required findings, based on clear and convincing evidence and testimony from a mental health professional. Otherwise, the child must be released to a less restrictive setting. The department must notify the court and others within 24 hours. Court review is due within seven calendar days, with one possible delay of up to seven days. Notice to the court is not required if the child leaves for a less restrictive setting within 23 hours.
A court may authorize the department to place a child in its custody in a residential psychiatric treatment center. This applies to children in department custody under the child-welfare laws listed in the text. The court must hear testimony from a mental health professional and find that the child's condition creates a serious risk, no suitable less restrictive option is available, and treatment may help or the child's condition may worsen without it. The department must move the child to another suitable placement if the treating professional finds the child would no longer benefit from treatment or could be treated in a less restrictive setting. The court must review an approved placement at least once every 90 days. The department must transfer the child when the treating professional makes the stated determination.
The department must require foster parents with a treatment foster home license to take ongoing training in trauma-informed care. The training duty applies to foster parents who hold a treatment foster home license. A treatment foster home must meet the training requirements. The text defines it as providing continuous, round-the-clock specialized services to a child with specified needs resulting from a condition identified by an authorized health-care provider. These training and treatment-foster-home provisions take effect July 1, 2028.
The court must appoint an attorney for a child placed in a hospital under the short-term psychiatric-care section. The mandatory appointment applies to a child placed in a hospital under AS 47.10.105. The rule amendment takes effect July 1, 2028.
The Department of Health must submit state-plan changes or seek waivers for the medical-assistance coverage described in the text. The described group is children under 21 who meet the listed supervision, public-support, and placement conditions. The coverage provision takes effect only if federal health officials approve the required changes or waivers by July 1, 2031. The covered group described here includes people under 21 under department supervision, supported in whole or in part with public funds, and living in foster homes, treatment foster homes, or private child-care institutions. Federal approval must arrive by July 1, 2031. If approved, the provision takes effect on the later of July 1, 2028, or the day after approval.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 3(H) EFFECTIVE DATE(S) OF LAW SEE CHAPTERLatest
- Jul 3(H) LAW W/O GOVERNOR SIGNATURE 6/22 CHAPTER 26 SLA 26Major
- Jun 4(H) MANIFEST ERROR(S)
- Jun 4(H) 2:45 P.M. 6/4/26 Transmitted to GovernorTo Governor
- May 17(H) EFFECTIVE DATE(S) SAME AS PASSAGE
- Vote recorded (H) CONCUR AM OF (S) Y40 #2742. Result: pass.Lower
- May 17(H) COURT RULE(S) SAME AS PASSAGE
- May 17(H) CONCUR AM OF (S) Y40
- May 17(H) TITLE CHANGE: SCR 10
- May 17(H) CONCUR MESSAGE TAKEN UP
- May 17(H) CONCUR MESSAGE READ AND HELD
- May 16(H) COSPONSOR REMOVED: TOMASZEWSKI
- Vote recorded (S) PASSED Y19 N- E1 #2692. Result: pass.Upper
- May 16(S) VERSION: SCS HB 36(FIN)
- May 16(S) TRANSMITTED TO (H) AS AMENDEDMajor
- May 16(S) EFFECTIVE DATE(S) SAME AS PASSAGE
- May 16(S) COURT RULE(S) SAME AS PASSAGE
- May 16(S) PASSED Y19 N- E1Major
- May 16(S) READ THE THIRD TIME SCS HB 36(FIN)Minor
- May 15(S) ADVANCED TO THIRD READING 5/16 CALMinor
- May 15(S) FIN SCS ADOPTED UC
- May 15(S) READ THE SECOND TIMEMinor
- May 15(S) RULES TO CALENDAR 5/15/2026
- May 13(S) FN5: ZERO(DFC)
- May 13(S) FN4: ZERO(AJS)
- May 13(S) NR: OLSON, STEDMAN, KAUFMAN, CRONK
- May 13(S) DP: HOFFMAN, MERRICK, KIEHL
- May 13(S) TITLE CHANGE: SCR 10
- May 13(S) FIN RPT SCS 3DP 4NR NEW TITLE
- May 12(S) Minutes (SFIN)
- May 12(S) Moved SCS HB 36(FIN) Out of Committee -- Please Note Time Change --
- May 12(S) FINANCE at 01:30 PM SENATE FINANCE 532
- May 6(S) Heard & Held
- May 6(S) FINANCE at 09:00 AM SENATE FINANCE 532
- May 6(S) CLAMAN
- May 6(S) CROSS SPONSOR(S): MERRICK, KAWASAKI, GIESSEL, GRAY-JACKSON, STEDMAN, DUNBAR,
- 2025
- May 16(S) FN3: ZERO(DFC)
- May 16(S) FN2: ZERO(AJS)
- May 16(S) AM: MYERS
- May 16(S) DP: CLAMAN, KIEHL, TOBIN
- May 16(S) TITLE CHANGE: SCR 10
- May 16(S) JUD RPT SCS(JUD) 3DP 1AM NEW TITLE
- May 15(S) Minutes (SJUD)
- May 15(S) Moved SCS HB 36(JUD) Out of Committee -- Please Note Time Change --
- May 15(S) JUDICIARY at 05:15 PM BUTROVICH 205
- May 14(S) Minutes (SJUD)
- May 14(S) Heard & Held
- May 14(S) JUDICIARY at 01:30 PM BUTROVICH 205
- May 14(S) JUD REFERRAL ADDED AFTER HSS
- May 14(S) FN3: ZERO(DFC)
- May 14(S) FN2: ZERO(AJS)
- May 14(S) NR: CLAMAN, TOBIN
- May 14(S) DP: DUNBAR, HUGHES, GIESSEL
- May 14(S) TITLE CHANGE: SCR 10
- May 14(S) HSS RPT SCS(HSS) 3DP 2NR NEW TITLE
- May 13(S) Minutes (SHSS)
- May 13(S) Moved SCS HB 36(HSS) Out of Committee
- May 13(S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205
- May 8(S) Minutes (SHSS)
- May 8(S) Heard & Held
- May 8(S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205
- Apr 8(S) Minutes (SHSS)
- Apr 8(S) Heard & Held
- Apr 8(S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205
- Mar 28(S) HSS, FIN
- Mar 28(S) READ THE FIRST TIME - REFERRALSMinor
- Mar 26(H) VERSION: HB 36
- Vote recorded (H) PASSED Y39 E1 #548. Result: pass.Lower
- Mar 26(H) TRANSMITTED TO (S)Passed Senate
- Mar 26(H) SCHRAGE, COSTELLO, MEARS, SADDLER
- Mar 26(H) COSPONSOR(S): EISCHEID, BYNUM, GALVIN, HANNAN, JOSEPHSON, STUTES, RUFFRIDGE,
- Mar 26(H) COURT RULE(S) SAME AS PASSAGE
- Mar 26(H) PASSED Y39 E1Passed House
- Mar 26(H) READ THE THIRD TIME HB 36Minor
- Mar 26(H) ADVANCED TO THIRD READING UCMinor
- Mar 26(H) READ THE SECOND TIMEMinor
- Mar 26(H) RULES TO CALENDAR 3/26/2025
- Mar 24(H) COSPONSOR(S): MINA
- Mar 21(H) COSPONSOR(S): TOMASZEWSKI, STORY
- Mar 21(H) FN2: ZERO(AJS)
- Mar 21(H) FN1: (DFC)
- Mar 21(H) NR: JOHNSON, STAPP
- Mar 21(H) DP: BYNUM, HANNAN, ALLARD, GALVIN, JIMMIE, TOMASZEWSKI, FOSTER, JOSEPHSON
- Mar 21(H) FIN RPT 8DP 2NR
- Mar 20(H) Minutes (HFIN)
- Mar 20(H) Moved HB 36 Out of Committee -- Delayed to 2:45 pm --
- Mar 20(H) FINANCE at 01:30 PM ADAMS 519
- Mar 12(H) Minutes (HFIN)
- Mar 12(H) Heard & Held -- Delayed to 2:30 PM --
- Mar 12(H) FINANCE at 01:30 PM ADAMS 519
- Mar 11(H) Minutes (HFIN)
- Mar 11(H) Scheduled but Not Heard -- Delayed to 4:00 pm --
- Mar 11(H) FINANCE at 01:30 PM ADAMS 519
- Mar 3(H) COSPONSOR(S): FOSTER
- Feb 28(H) COSPONSOR(S): BURKE, JIMMIE
- Feb 28(H) FN2: ZERO(AJS)
- Feb 28(H) FN1: (DFC)
- Feb 28(H) DP: PRAX, GRAY, SCHWANKE, RUFFRIDGE, MEARS, FIELDS, MINA
- Feb 28(H) HSS RPT 7DP
- Feb 27(H) Minutes (HHSS)
- Feb 27(H) Moved HB 36 Out of Committee
- Feb 27(H) HEALTH & SOCIAL SERVICES at 03:15 PM DAVIS 106
- Jan 27(H) COSPONSOR(S): FIELDS
- Jan 22(H) HSS, FIN
- Jan 22(H) READ THE FIRST TIME - REFERRALSMinor
- Jan 22(H) Prefile released 1/10/25Introduced
HealthcareMental Health