Title 47 — Welfare, Social Services, and Institutions
34 chapters · 745 sections in this title.
AS 47.10.280 Purpose of chapter. [Repealed, § 1 ch 152 SLA 1976. For current similar provisions, see AS 47.06.020.]
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[Repealed or reserved.]
AS 47.10.290 [Renumbered as AS 47.10.990.]
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Article 2. Programs for Runaway Minors.
AS 47.10.300 Powers and duties of the department.
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The department shall (1) review, inspect, and approve or disapprove for licensing proposed or established programs for runaway minors to ensure the health and safety of minors in the program; (2) maintain a register of licensed programs for runaway minors; (3) award nonprofit cor…
AS 47.10.310 Licensing of programs for runaway minors.
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(a) A person may not operate a program for runaway minors in the state without a license issued under this section. A person who violates this subsection is guilty of a violation. (b) The department may license a program for runaway minors under AS 47.10.300 — 47.10.390 only if t…
AS 47.10.320 Residence in runaway minor program facilities.
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A runaway minor may maintain residency for a period not exceeding 45 days at a facility operated as part of a licensed program for runaway minors. The minor may maintain residency without the consent of the person or agency having custody of the minor, except that if the court ha…
AS 47.10.330 Notice to minor's legal custodian.
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(a) [Repealed, § 24 ch 33 SLA 1994.] (b) The director of a program for runaway minors shall promptly notify a minor's legal custodian if the minor is released from the program into the custody of a person other than the legal custodian or a person representing the legal custodian…
AS 47.10.340 Confidentiality of records.
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Records of a licensed program for runaway minors that identify a minor who has been admitted to or has sought assistance from the program are confidential and are not subject to inspection or copying under AS 40.25.110 — 40.25.120, unless (1) after being informed of the minor's r…
AS 47.10.350 Immunity from liability.
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(a) The officers, directors, and employees of a licensed program for runaway minors are not liable for civil damages as a result of an act or omission in admitting a minor to the program. (b) This section does not preclude liability for civil damages as a result of recklessness o…
AS 47.10.360 Municipal powers.
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Authority to establish and operate a licensed program for runaway minors is granted to municipalities that do not otherwise have that authority.
AS 47.10.390 Definitions.
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Article 3. Shelters for Runaway Minors. In AS 47.10.300 — 47.10.390, (1) “licensed program for runaway minors” means a residential or nonresidential program licensed by the department under AS 47.10.310; (2) “runaway minor” means a person under 18 years of age who (A) is habitual…
AS 47.10.392 Certificate required.
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A private residence may not be held out publicly as a shelter for runaway minors unless the residence (1) is designated a shelter for runaways by a corporation that is licensed to make the designation under AS 47.32; and (2) has a valid permit from the department signifying that …
AS 47.10.394 Operation of shelters.
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(a) A shelter for runaways may not shelter a runaway minor for more than seven days unless the department determines that (1) the minor is the subject of exceptional circumstances; or (2) another appropriate setting is not available for the minor. (b) The provider of a shelter fo…
AS 47.10.396 Confidentiality of records.
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If the department requires record keeping by a shelter for runaways or by a corporation that is licensed to designate shelters for runaways, records of the shelter and the corporation that identify a runaway minor who has been sheltered in a shelter for runaways or has sought ass…
AS 47.10.398 Immunity from liability.
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(a) A person in a shelter for runaways, or in a home for which an application to be designated a shelter for runaways is being considered by a corporation licensed for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392 — 47.10.399 an…
AS 47.10.399 Definitions.
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In AS 47.10.392 — 47.10.399, (1) “runaway minor” has the meaning given in AS 47.10.390; (2) “shelter for runaways” or “shelter for runaway minors” means a private residence whose legal occupant agrees to shelter, with or without compensation, a runaway minor accepted into the res…
AS 47.10.400 Secs. 47.10.400 — 47.10.490. Citizens' review panel for permanency planning. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.200 — 47.14.299.]
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Article 4. General Provisions.
AS 47.10.960 Civil liability.
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(a) Failure to comply with a provision of this title does not constitute a basis for civil liability for damages. (b) Nothing in this section shall be construed to prohibit a civil action for common law negligence or an action under AS 09.55.580 on behalf of a child who is injure…
AS 47.10.970 Appropriations.
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Funds to carry out this chapter shall be provided for in the general appropriation Act of the legislature.
AS 47.10.980 Grants-in-aid.
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The department may accept grants-in-aid from the federal government or private foundations and may accept other gifts consistent with the purposes of this chapter.
AS 47.10.990 Definitions.
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In this chapter, unless the context otherwise requires, (1) “adult family member” means a person who is 18 years of age or older and who is (A) related to the child as the child's grandparent, aunt, uncle, or sibling; (B) the child's sibling's legal guardian or parent; or (C) in …
AS 47.12.010 Goal and purposes of chapter.
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(a) The goal of this chapter is to promote a balanced juvenile justice system in the state to protect the community, impose accountability for violations of law, and equip juvenile offenders with the skills needed to live responsibly and productively. (b) The purposes of this cha…
AS 47.12.020 Jurisdiction.
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(a) Proceedings relating to a minor under 18 years of age residing or found in the state are governed by this chapter, except as otherwise provided in this chapter, when the minor is alleged to be or may be determined by a court to be a delinquent minor as a result of violating a…
AS 47.12.022 Applicability; inclusion of certain persons as minors.
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Except as provided in AS 47.12.025, the provisions of this chapter apply to a person who is 18 years of age or older and who is subject to the jurisdiction of this chapter due to AS 47.12.020(b) or (c). To implement AS 47.12.020(b) and (c) and this section, the term “minor” as us…
AS 47.12.025 Special provisions for certain persons considered to be minors.
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(a) Notwithstanding any other provision of law, the following special provisions apply to a person who is subject to the jurisdiction of this chapter due solely to AS 47.12.020(b): (1) a petition filed under AS 47.12.040(b) must be styled as follows: “In the matter of ........ , …
AS 47.12.030 Provisions inapplicable.
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(a) When a minor who was at least 16 years of age at the time of the offense is charged by complaint, information, or indictment with an offense specified in this subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense for which the minor is charged …
AS 47.12.040 Investigation and petition.
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(a) Whenever circumstances subject a minor to the jurisdiction of this chapter, the court shall (1) require in conformance with this section, that, for a minor who is alleged to be a delinquent minor under AS 47.12.020, the department or an entity selected by it shall make a prel…
AS 47.12.050 Notice to and involvement of parent or guardian.
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(a) Except as may be otherwise specifically provided, in all cases under this chapter, the minor, each parent of the minor, the foster parent of the minor, and the guardian of the minor are entitled to notice adequate to give actual notice of the proceedings, taking into account …
AS 47.12.060 Informal action to adjust matter.
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(a) The provisions of this section apply to a minor who is alleged to be a delinquent minor under AS 47.12.020 and for whom the department or an entity selected by it has made a preliminary inquiry as required by AS 47.12.040(a)(1). Following the preliminary inquiry, (1) the depa…
AS 47.12.065 Dual sentencing provisions.
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(a) The department or the entity selected by it may refer to the appropriate district attorney the circumstances involving a minor who is subject to the provisions of this section because the minor is alleged to have violated a criminal law of the state. Except as provided in (d)…
AS 47.12.070 Summons and custody of minor.
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After a petition is filed and after further investigation that the court directs, if the minor has not appeared voluntarily, the court shall issue a summons that (1) recites briefly the substance of the petition; (2) directs the person having custody or control of the minor to ap…
AS 47.12.080 Release of minor.
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A minor who is taken into custody may, in the discretion of the court and upon the written promise of the parent, guardian, or custodian to bring the minor before the court at a time specified by the court, be released to the care and custody of the parent, guardian, or custodian…
AS 47.12.090 Appointment of attorney or guardian ad litem.
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(a) In all proceedings initiated under a petition for delinquency, a minor shall have the right to be represented by counsel and, if indigent, have counsel appointed by the court. The court shall appoint counsel in such cases unless it makes a finding on the record that the minor…
AS 47.12.100 Waiver of jurisdiction.
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(a) If the court finds at a hearing on a petition that there is probable cause for believing that a minor is delinquent and finds that the minor is not amenable to treatment under this chapter, it shall order the case closed. Subject to the provisions of AS 47.12.105, after a cas…
AS 47.12.105 Detention of minors waived into adult court.
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(a) Except as provided in AS 47.12.240, the department, by agreement with the Department of Corrections, shall detain and care for waived minors. The department shall transfer a waived minor to a facility operated by the Department of Corrections when the waived minor reaches 18 …
AS 47.12.110 Hearings.
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(a) The court shall conduct a hearing on the petition. The court shall give notice of the hearing to the department, and the department shall send a representative to the hearing. The representative of the department may also be heard at the hearing. The department shall give not…
AS 47.12.120 Judgments and orders.
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(a) The court, at the conclusion of the hearing, or thereafter as the circumstances of the case may require, shall find and enter a judgment that the minor is or is not delinquent. (b) If the minor is not subject to (j) of this section and the court finds that the minor is delinq…
AS 47.12.130 Predisposition hearing reports.
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(a) Before the disposition hearing of a delinquent minor, the department shall submit a predisposition report with a recommended plan of treatment to aid the court in its selection of a disposition, a victim impact statement reporting the information set out in AS 12.55.022, and …
AS 47.12.140 Court dispositional order.
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In making its dispositional order under AS 47.12.120(b)(1) — (3) and (5) and (j), the court shall (1) consider both the best interests of the minor and the interests of the public, and, in doing so, the court shall take into account (A) the seriousness of the minor's delinquent a…
AS 47.12.150 Legal custody, guardianship, and residual parental rights and responsibilities.
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(a) When a minor is committed to the department under AS 47.12.120(b)(1) or (3) or 47.12.240, detained by the department on behalf of the Department of Corrections under AS 33.30.011 and AS 47.12.105, or released under AS 47.12.120(b)(2) to the minor's parents, guardian, or other…
AS 47.12.155 Parental or guardian accountability and participation.
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(a) The parent or guardian of a minor who is alleged to be a delinquent under AS 47.12.020 or found to be a delinquent under AS 47.12.120 shall attend each hearing held during the delinquency proceedings unless the court excuses the parent or guardian from attendance for good cau…
AS 47.12.160 Retention of jurisdiction over minor.
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(a) Except as provided in (g) of this section, the court retains jurisdiction over the case and may at any time stay execution, modify, set aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise of its power of protection over the minor and for the…
AS 47.12.170 Enforcement of restitution.
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(a) An order by the court under AS 47.12.120 that a minor or the minor's parent pay restitution is a civil judgment that remains enforceable after the expiration of the court's jurisdiction over the minor under AS 47.12.160. A recipient of a restitution order, or the state on beh…
AS 47.12.180 Effect of adjudication.
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(a) Except as provided by AS 47.12.160(d) and (e) and AS 47.12.170, an adjudication under this chapter upon the status of a minor (1) may not operate to impose any of the civil disabilities ordinarily imposed by conviction upon a criminal charge; (2) does not operate to permit a …
AS 47.12.200 Arrest of a minor.
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The arrest of a minor other than for a traffic offense is not considered an arrest for any purpose except for the purpose of the disposition of a proceeding arising out of that arrest.
AS 47.12.210 Fingerprinting of minors.
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(a) A peace officer may fingerprint a minor under the same circumstances as an adult may be fingerprinted. (b) Except as provided by AS 47.12.310(b)(1), fingerprint records taken under this section are not subject to AS 47.12.310.
AS 47.12.220 Appointment of guardian or custodian.
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When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor's person or property, the court may make the appointment. The court shall have a summons issued …
AS 47.12.230 Support of minor.
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(a) When a delinquent minor is committed under this chapter, the court or the child support services agency created in AS 25.27.010 shall, after giving the parent a reasonable opportunity to be heard, require that the parent pay to the department in a manner that the court or the…
AS 47.12.240 Detention of minors.
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(a) When the court commits a minor to the custody of the department, the department shall arrange to place the minor in a juvenile detention facility or another suitable place that the department designates for that purpose. Except under the conditions described in AS 47.12.105 o…
AS 47.12.245 Arrest.
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(a) A peace officer may (1) arrest a minor (A) for the commission of an act that subjects the minor to the provisions of this chapter under the same circumstances and in the same manner as would apply to the arrest of an adult for violation of a criminal law of the state or a mun…
AS 47.12.250 Temporary detention and detention hearing.
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(a) A peace officer or a juvenile probation officer who has arrested, or a peace officer who has continued the arrest of, a minor under AS 47.12.245 or a minor for criminal charges under AS 47.12.030 may (1) have the minor detained in a juvenile detention facility or temporary se…