7 AAC 52.005. Regional classification

(a) When a juvenile has been institutionalized by court order, the juvenile shall appear before a regional classification committee for placement in a facility. The division shall give the juvenile and the juvenile's parents or legal guardian written notice at least five days before the hearing, except that any of those individuals may waive the time period, in writing, on that individual's own behalf.

(b) A regional classification committee must be composed of three persons selected by the probation supervisor located in the judicial district where the institutionalization order originated. The chairperson of the committee and other members, if practicable, must be employees of the department.

(c) Classification meetings must be informal and nonadversarial in nature. The committee shall reach a placement decision after considering the following factors:

(1) treatment objectives for the juvenile;

(2) protection of the public and the juvenile; and

(3) resources available to the division.

(d) Decisions must be made by a majority of the committee, and must be recorded in writing specifically discussing alternatives considered and reasons for rejecting them. All appropriate in-state resources must be considered for placement before a juvenile may be classified to a facility outside the state.

(e) Immediately following a placement decision, the committee shall verbally inform the juvenile of that decision and the findings on which it was based. Written notice of the findings must be provided to the juvenile, the juvenile's attorney, and the juvenile's parents or legal guardian within 10 working days after the classification action. If the placement facility designated by the committee refuses a referral, the juvenile must be reclassified without undue delay.

(f) The regional classification committee shall transmit the classification decision to the facility within two business days.

(g) Within five business days after receiving a notice of classification, a facility shall determine whether to accept or reject a juvenile. If the facility rejects the juvenile, the facility shall provide a written justification to the regional classification committee. The committee shall reconvene within five business days after receiving the rejection justification, and shall review the matter and either reclassify the juvenile to another facility or reaffirm the original classification. If an original classification is affirmed and the facility still considers that the juvenile should not be accepted at that facility, the facility shall refer the matter to the director or the director's designee for a final decision.

History: Eff. 7/3/80, Register 74; am 1/14/2000, Register 153

Authority: AS 47.05.010

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