7 AAC 50.830. Admission to secure care

(a) A facility that is licensed as both a semi-secure and secure residential psychiatric treatment center under 7 AAC 50.805 may place a child in the secure unit or secure program of the facility if the facility complies with (b) of this section and

(1) after the entry of a court order under AS 47.10.087 or AS 47.12.255 , the department applies to the facility for the child's admission to the secure unit or program for a specified period of time up to 90 days;

(2) the court has ordered that a child be placed in a secure residential psychiatric treatment center for a specified period of time, up to 90 days,

(A) by the person taking custody of the child, if the court releases the child from the department's custody under AS 47.10.080 (c)(2); or

(B) as a condition of probation, if the court releases the child from the department's custody under AS 47.12.120 (b)(2); or

(3) the child's parent, Indian custodian, or guardian has requested voluntary admission of the child to the secure unit or program of the facility for a specified period of time up to 60 days, and the facility documents that

(A) the facility has performed the pre-admission assessment and evaluation required by 7 AAC 50.825(b) ;

(B) the child and the child's situation meets the requirements of 7 AAC 50.825(d) (1); and

(C) in the written opinion of the medical director and the clinical director of the facility, and any mental health professional most recently involved in treatment or evaluation of the child within a period of time no more than three months before the child's application for admission to residential psychiatric treatment

(i) 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 to another person;

(ii) 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

(iii) there is reason to believe that the child's mental condition could be improved by the course of treatment or would deteriorate if untreated.

(b) To place a child in its secure unit or program under (a) of this section, a residential psychiatric treatment center must find through the assessment required by 7 AAC 50.825(b) and by evaluation of all other current professional assessments of and all treatment data available on the child, that a child for whom a court order of authorization or placement in secure care has been entered under (a)(1) or (a)(2) of this section, or a child for whom an application for voluntary admission to secure care has been made under (a)(3) of this section, can be appropriately treated in the facility's secure unit or program.

History: Eff. 6/21/2001, Register 158

Authority: AS 44.29.020

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