HB 363 — An Act relating to the placement of foster children in psychiatric hospitals.

33-LS1049\U33-LS1049\A CS FOR HOUSE BILL NO.

363(HSS)363 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THEREPRESENTATIVES HOUSEGRAY, HEALTHFields, ANDArmstrong SOCIALIntroduced: SERVICES COMMITTEE Referred:

Finance2/20/24 Sponsor(s):Referred:

REPRESENTATIVESHealth GRAY,and Fields,Social ArmstrongServices, Finance A BILL FOR AN ACT ENTITLED "An Act relating to the placement of foster children in psychiatric hospitals;hospitals." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

relating to the care of children in state custody placed in residential facilities outside the state;

and amending Rule 12.1(b), Alaska Child in Need of Aid Rules of Procedure." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

AS 47.10.087(b)47.10.087(a) is amended to read:

(b)(a) AThe court shallmay reviewauthorize the department to place a placementchild madewho is in the custody of the department under (a)AS 47.10.080(c)(1) or (3) or 47.10.142 in a secure residential psychiatric treatment center or psychiatric hospital if the court finds, based on the testimony of thisa sectionmental athealth leastprofessional, oncethat every(1) 90the days.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;

The(2) courtthere mayis authorizeno thereasonably departmentavailable, toappropriate, continueand theless placementrestrictive ofalternative for the childchild's 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 resultedless inrestrictive thealternatives initial order have notbeen amelioratedtried to such an extent that the child's needs can be met in a less restrictive setting and thathave thefailed; child's mental condition could be improved by the course of treatment or would deteriorate if untreated.

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.

AS 47.10.087(d)47.10.087(b) is amended to read:

(d)HB0363a In this section, HB0363b -1- CSHBHB 363(HSS)363 New Text Underlined [DELETED TEXT BRACKETED] 33-LS1049\U33-LS1049\A (1)(b) "acuteA psychiatriccourt hospital"shall meansreview a hospitalplacement ormade partunder ofthis asection hospitalat thatleast primarilyonce providesevery diagnosis90 anddays. short-term treatment of mental, emotional, and behavioral disorders;

(2)The "contemporaneouscourt two-waymay videoauthorize conference"the meansdepartment to continue the placement of the child in a conferencesecure amongresidential peoplepsychiatric attreatment differentcenter placesor bypsychiatric meanshospital if the court finds, based on the testimony of transmitteda audiomental andhealth visualprofessional, signals,that usingthe anyconditions communicationor technologysymptoms that allowsresulted peoplein atthe twoinitial ororder morehave placesnot ameliorated to interactsuch simultaneouslyan 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 waythe course of two-waytreatment videoor andwould audiodeteriorate transmission;if untreated.

(3) "likely to cause serious harm" has the meaning given in AS 47.30.915.

AS 47.10.08747.10.087(c) is amended by adding new subsections to read:

(e)(c) The department mayshall placetransfer a child whofrom isa insecure theresidential custodypsychiatric oftreatment thecenter department under AS 47.10.080(c)(1) or (3) or 47.10.142 in an acute psychiatric hospital ifto itanother isappropriate the least restrictive placement availableif and the personmental inhealth chargeprofessional ofresponsible admittancefor to the facilitychild's findstreatment determines that (1) the child iswould gravelyno disabledlonger orbenefit suffering from athe mentalcourse illnessof and,treatment asor athat result,the ischild's likelytreatment toneeds causecould seriousbe harmmet toin thea childless orrestrictive anothersetting. person;

andThe (2)department thereshall isnotify reasonthe tochild, believe that the child's mentalparents conditionor couldguardian, beand improvedthe bychild's theguardian coursead litem of treatmenta ordetermination wouldand deterioratetransfer furthermade ifunder leftthis untreated.subsection.

(f)HB Within363 24-2- hoursHB0363a afterNew placingText aUnderlined child[DELETED inTEXT anBRACKETED] acute psychiatric hospital under (e) of this section, the department shall notify the court, the child's parents, and any other parties to an ongoing child-in-need-of-aid case involving the child of the placement.

Upon making the placement, the department shall immediately begin to search for a less restrictive placement for the child.

(g) A court shall review a placement made under (e) of this section within 48 hours after receiving notification of the child's placement in an acute psychiatric hospital.

The court shall notify the child, the child's attorney, the child's parents, the department, and any parties to a child-in-need-of-aid case involving the child of the time and place of the hearing once the hearing is scheduled.

Computation of the 48- hour period at an acute psychiatric hospital does not include Saturdays, Sundays, and legal holidays, except that if the exclusion of Saturdays, Sundays, and legal holidays CSHB 363(HSS) -2- HB0363b New Text Underlined [DELETED TEXT BRACKETED] 33-LS1049\U from the computation of the 48-hour period would result in the child being held for longer than 48 hours, the 48-hour period ends at 5:00 pm on the next day that is not a Saturday, Sunday, or legal holiday.

The court may grant one request to continue the hearing for up to two business days if necessary to secure the attendance of the child, a party, or a material witness.

The hearing shall be held at the acute psychiatric hospital in person, by contemporaneous two-way video conference, or by teleconference, absent extraordinary circumstances.

If a hearing is held by contemporaneous two-way video conference, only the court may record the hearing.

The court may authorize the department to continue the placement of the child in an acute psychiatric hospital if the court finds by clear and convincing evidence, based on the testimony of a mental health professional, that the conditions or symptoms that resulted in the initial placement under (e) of this section 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.

(h) The court shall review a placement approved under (g) of this section (1) at least once every 30 days;

and (2) when requested by the child or another party, upon a showing of good cause.

* Sec.

4.

AS 47.14.112(d) is amended to read:

(d) The division of the department with responsibility over the custody of children shall prepare and make available to the legislature an annual report on employee recruitment and retention, including a five-year plan, for the division.

Not later than November 15 of each year, the department shall deliver the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.

The report prepared under this subsection is separate from the annual report to the legislature required under AS 18.05.020 and must include, for the previous 12 months, (1) the number of frontline social workers employed by the division, the annual average turnover rate of the workers, and the average caseload of the workers on January 1 and July 1 of that year;

HB0363b -3- CSHB 363(HSS) New Text Underlined [DELETED TEXT BRACKETED] 33-LS1049\U (2) the number of children removed from their homes;

(3) the achievement of success measured by the following:

(A) rate of family reunification;

(B) average length of time children spent in custody of the department;

(C) rate of placement with an adult family member or family friend;

(D) number of children placed in a permanent living arrangement with a guardian or biological or adoptive parent;