Title 47 — Welfare, Social Services, and Institutions
34 chapters · 745 sections in this title.
AS 47.30.070 Secs. 47.30.070 — 47.30.170. [Repealed, § 7 ch 84 SLA 1981.]
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[Repealed or reserved.]
AS 47.30.180 [Renumbered as AS 47.30.880.]
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[Repealed or reserved.]
AS 47.30.190 Secs. 47.30.190 — 47.30.340. [Repealed, § 7 ch 84 SLA 1981.]
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[Repealed or reserved.]
AS 47.30.350 Department powers and duties; ratification of authority's actions.
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(a) The department shall (1) develop and submit to the Surgeon General of the United States Public Health Service a comprehensive program for the constructing and equipping of hospitals and other facilities for the examination, observation, care, and treatment of the mentally ill…
AS 47.30.360 Acceptance and expenditure of funds.
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The department may accept on behalf of the state and deposit separate and apart from other public funds grants from the federal government or gifts or contributions from other sources to assist in carrying out the purposes of AS 47.30.350 — 47.30.400 and may expend the funds for …
AS 47.30.370 Review by legislative budget and audit committee.
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Before implementation, the programs, plans, and actions of the department made under AS 47.30.350, except for the proposed geographic location of the mental health hospital, shall be reviewed by the legislative budget and audit committee. The review and findings of the budget and…
AS 47.30.380 Appropriation authorized.
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Funds to carry out AS 47.30.350 — 47.30.400 shall be set out in the appropriation bill authorizing the operating and capital expenditures of the state's integrated comprehensive mental health program under AS 37.14.003(a) and submitted to the legislature under AS 37.07.020(a)(1).
AS 47.30.390 Acquisition of existing mental health care facilities.
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The department may acquire existing facilities for mental health care.
AS 47.30.400 Purpose of AS 47.30.350—47.30.400.
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Article 2. Uniform Act for the Extradition of Persons of Unsound Mind. The purpose of AS 47.30.350 — 47.30.400 is to provide for the constructing and equipping of hospitals and other facilities in this state needed for carrying out a comprehensive mental health program, to accept…
AS 47.30.410 Persons subject to extradition.
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A person alleged to be of unsound mind found in this state, who has fled from another state, shall, on demand of the executive authority of the state from which the person fled, be delivered up to be removed to the state where, at the time of the flight the person (1) was under d…
AS 47.30.420 Extradition proceedings.
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If the executive authority of a state demands of the executive authority of this state a fugitive under AS 47.30.410 and produces a copy of the commitment decree or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state fro…
AS 47.30.430 Time to commence proceedings.
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All proceedings under AS 47.30.410 — 47.30.460 shall be begun within one year after the flight referred to in AS 47.30.410.
AS 47.30.440 Interpretation and construction.
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AS 47.30.410 — 47.30.460 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
AS 47.30.450 Definitions.
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In AS 47.30.410 — 47.30.460 (1) “executive authority,” “governor,” and “chief magistrate,” respectively, as applied to a request to return a person under AS 47.30.410 — 47.30.460 to or from the District of Columbia, include a justice of the supreme court of the District of Columb…
AS 47.30.460 Short title.
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Article 3. Alcoholism and Drug Abuse. AS 47.30.410 — 47.30.460 may be cited as the Uniform Act for the Extradition of Persons of Unsound Mind.
AS 47.30.470 Powers and duties of department.
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The department shall (1) ascertain and keep current a list of all institutions in the state that have available facilities for the care and treatment of alcoholics and drug abusers; (2) encourage the development and advancement of standards of treatment of alcoholics and drug abu…
AS 47.30.475 Grant-in-aid program.
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(a) A nonprofit corporation, a city or borough government, or other political subdivision of the state, or a combination of these, is eligible for grant-in-aid funds under this section. Applications shall be sent to the department. (b) Money available under this section shall be …
AS 47.30.477 Grant-in-aid program regulations.
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The department shall adopt regulations implementing AS 47.30.475. The regulations must provide for the method of application, the time for consideration of applications, the processing of applications, the type of record keeping, the requirements for reporting the progress and st…
AS 47.30.480 Judicial notice.
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The superior courts of this state may take judicial notice of the fact that an alcoholic is suffering from an illness and is in need of proper medical, advisory, or rehabilitative treatment.
AS 47.30.490 Acceptance of funds.
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The department may accept on behalf of the state and deposit, apart from other public funds, grants from the federal government or gifts or contributions from other sources to assist in carrying out the purposes of AS 47.30.470.
AS 47.30.500 Definitions.
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Article 4. Community Mental Health Services Act. In AS 47.30.470 — 47.30.490, (1) “alcoholism” means a condition related to alcohol and concerns a physical compulsion which exists, coupled with a mental obsession; (2) “costs of improvement, renovation, or new construction of faci…
AS 47.30.520 Legislative purpose.
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It is the purpose of the Community Mental Health Services Act to (1) provide a range of community-based inpatient, outpatient, and support services for persons with mental disorders; (2) assist communities in planning, organizing, and financing community mental health services th…
AS 47.30.523 Community mental health program policy and principles.
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(a) It is the policy of the state that (1) the community mental health program provide a comprehensive and integrated system of community-based facilities, supports, and mental health services, including child and adolescent screening and diagnosis, inpatient, outpatient, prevent…
AS 47.30.530 Duties of department.
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(a) The department shall administer the provisions of AS 47.30.520 — 47.30.620 and shall (1) define and develop standards for various levels and qualities of mental health care; (2) provide fiscal and professional technical assistance in planning, organizing, developing, implemen…
AS 47.30.540 Local community entities.
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(a) A city or borough government or other political subdivision of the state, a nonprofit corporation, or a combination of these, is eligible to receive funds and administer local programs under AS 47.30.520 — 47.30.620. In order to ensure equitable access to funds and programs t…
AS 47.30.545 Populations to be served.
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The entities designated by the department to receive money under AS 47.30.540(b) shall provide one or more of the services that are set out in AS 44.25.290(i) to persons identified in AS 44.25.290.
AS 47.30.546 Services for mentally and emotionally disturbed. [Repealed, § 49 ch 66 SLA 1991.]
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[Repealed or reserved.]
AS 47.30.547 Standards for community mental health services.
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An entity that provides community mental health services shall (1) make services available at times and locations that enable residents of the entity's service area to obtain services readily; (2) ensure each client's right to confidentiality and treatment with dignity; (3) estab…
AS 47.30.550 Cost sharing formulas; use of income.
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(a) In a district designated by the department as a poverty area, the department may fund not more than 90 percent of the eligible costs of the community mental health services to be furnished under an entity's approved plan. (b) In a district that has not been designated by the …
AS 47.30.560 Contracts and expenditures.
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The contracts for services provided for in AS 47.30.520 — 47.30.620 shall be reviewed, revised if necessary, and approved at the expiration of each contract year. A contract shall be approved if the department finds that the community entity has complied with its plan, AS 47.30.5…
AS 47.30.570 Regulations; eligible services and costs.
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The department shall adopt regulations specifying the types of services and program costs eligible for state participation. These regulations must include (1) a provision excluding capital expenditures as eligible costs; and (2) a requirement that the community entity contractor …
AS 47.30.580 Comprehensive services.
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Plans and regulations adopted under AS 47.30.520 — 47.30.620 must allow local programs sufficient administrative and program flexibility so that local community mental health programs may be joined with other programs such as intellectual and developmental disability programs, dr…
AS 47.30.585 Telehealth.
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(a) An entity designated by the department under AS 47.30.520 — 47.30.620 may provide community mental health services authorized under AS 47.30.520 — 47.30.620 through telehealth to a patient in this state. (b) If an individual employed by an entity designated by the department …
AS 47.30.590 Patient rights and the confidential nature of records and information.
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(a) The department shall adopt regulations to assure patient rights and to safeguard the confidential nature of records and information about the recipients of services provided under this chapter. The regulations must require that entities identified in AS 47.30.540(b) develop a…
AS 47.30.600 Applicability to existing programs. [Repealed, § 6 ch 47 SLA 1987.]
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[Repealed or reserved.]
AS 47.30.605 Mental Health Advisory Council. [Repealed, § 13 ch 48 SLA 1987.]
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[Repealed or reserved.]
AS 47.30.610 Definitions.
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In AS 47.30.520 — 47.30.610, (1) “authority” means the Alaska Mental Health Trust Authority established in AS 44.25.200; (2) “department” means the Department of Health; (3) “persons with mental disorders” means persons with disorders currently included within nationally accepted…
AS 47.30.620 Short title.
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Article 5. State Mental Health Policy. AS 47.30.520 — 47.30.620 may be cited as the Community Mental Health Services Act.
AS 47.30.655 Purpose and principles of major revision.
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The purpose of the 1981 major revision of Alaska civil commitment statutes (AS 47.30.660 and 47.30.670 — 47.30.915) is to more adequately protect the legal rights of persons suffering from mental illness. The legislature has attempted to balance the individual's constitutional ri…
AS 47.30.660 Cooperative powers and duties of the Department of Family and Community Services and the Department of Health.
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Article 6. Voluntary Admission for Treatment. (a) The Department of Family and Community Services and the Department of Health, in cooperation, shall (1) prepare, and periodically revise and amend, a plan for an integrated comprehensive mental health program, as that term is defi…
AS 47.30.670 Criteria for voluntary admission.
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A person 18 years of age or older may be voluntarily admitted to a treatment facility if the person is suffering from mental illness and voluntarily signs the admission papers.
AS 47.30.675 Required notices.
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(a) Upon the application of a person for voluntary admission, or at the time a person admitted under AS 47.30.690 reaches the age of 18, the person shall be given a copy of the following documents which shall be explained as necessary: (1) notice of rights as set out in AS 47.30.…
AS 47.30.680 Required discharge.
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A patient who no longer meets the standards established in AS 47.30.670 shall be discharged from the treatment facility.
AS 47.30.685 Request to leave; evaluation; 48-hour hold for commitment.
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A voluntary patient who is 18 years of age or older and who desires to leave a treatment facility shall submit to the facility a request to leave on a form provided by the facility. When the investigation is completed, the patient shall be evaluated immediately in writing and dis…
AS 47.30.690 Admission of minors under 18 years of age.
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(a) A minor under the age of 18 may be admitted for 30 days of evaluation, diagnosis, and treatment at a designated treatment facility if the minor's parent or guardian signs the admission papers and if, in the opinion of the professional person in charge, (1) the minor is gravel…
AS 47.30.693 Notice to parent or guardian.
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When a minor under 18 years of age is detained at or admitted or committed to a treatment facility, the facility shall inform the parent or guardian of the location of the minor as soon as possible after the arrival of the minor at the facility. When an adult for whom a guardian …
AS 47.30.695 Request by parent or guardian for release of minors under 18 years of age from detention and commitment.
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Article 7. Involuntary Admission for Treatment. The parent or guardian of a minor who is less than 18 years of age may file a notice to withdraw the minor from the facility. On receipt of the notice, (1) the facility may discharge the minor to the custody of the parent or guardia…
AS 47.30.700 Initial involuntary commitment procedures.
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(a) Upon petition of any adult, a judge shall immediately conduct a screening investigation or direct a local mental health professional employed by the department or by a local mental health program that receives money from the department under AS 47.30.520 — 47.30.620 or anothe…
AS 47.30.705 Emergency detention for evaluation.
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(a) A peace officer, health officer, mental health professional, or physician assistant licensed by the State Medical Board to practice in this state who has probable cause to believe that a person is gravely disabled or is suffering from mental illness and is likely to cause ser…
AS 47.30.706 Detention for evaluation after finding of incompetence.
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(a) If a person who has been charged with a felony offense against a person under AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47, before the charges are dismissed, an attorney with the Department of Law shall petition a court to have the person deli…