(a) The court may authorize the department to place a child who is in the custody of the department under Alaska Stat. § 47.10.080(c)(1) or (3) or 47.10.142 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
guardian: means a natural person who is legally appointed guardian of the child by the court. See Alaska Statutes 47.10.990
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) 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;(2) 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(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.(b) A court shall review a placement made under this section at least once every 90 days. The court may authorize the department to continue the placement of the child 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 resulted in the initial order 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.(c) The department shall transfer a child from a secure residential psychiatric treatment center to another appropriate placement if the mental health professional responsible for the child’s treatment determines that the child would no longer benefit from the course of treatment or that the child’s treatment needs could be met in a less restrictive setting. The department shall notify the child, the child’s parents or guardian, and the child’s guardian ad litem of a determination and transfer made under this subsection.(d) In this section, “likely to cause serious harm” has the meaning given in Alaska Stat. § 47.30.915.