Alaska HB 36: An Act relating to treatment foster homes; relating to the placement of foster children in hospitals and residential psychiatric treatment centers for psychiatric care; relating to the duties of the Department of Family and Community Services; relating to the care of children in state custody placed in psychiatric residential treatment facilities outside the state; amending Rule 12.1(b), Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date.

Bill Text

Enrolled HB 36
LAWS OF ALASKA

2026

Source Chapter No.
SCS HB 36(FIN) _______

AN ACT

Relating to treatment foster homes; relating to the placement of foster children in hospitals and
residential psychiatric treatment centers for psychiatric care; relating to the duties of the
Department of Family and Community Services; relating to the care of children in state custody
placed in psychiatric residential treatment facilities outside the state; amending Rule 12.1(b),
Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date.

_______________

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

THE ACT FOLLOWS ON PAGE 1

-1- Enrolled HB 36

AN ACT

Relating to treatment foster homes; relating to the placement of foster children in hospitals and 1
residential psychiatric treatment centers for psychiatric care; relating to the duties of the 2
Department of Family and Community Services; relating to the care of children in state custody 3
placed in psychiatric residential treatment facilities outside the state; amending Rule 12.1(b), 4
Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date. 5
_______________ 6
* Section 1. AS 12.62.400(a)(25) is amended to read: 7
(25) licensure, license renewal, certification, or certification renewal by 8
the Department of Family and Community Services of an individual or entity, or 9
payment from the Department of Family and Community Services to an individual or 10
entity, subject to the requirements for a criminal history check under AS 47.05.310 for 11
an entity [A FOSTER HOME, CHILD PLACEMENT AGENCY, AND RUNAWAY 12

Enrolled HB 36 -2-
SHELTER] listed in AS 47.32.010(c), including an owner, officer, director, member, 1
partner, employee, volunteer, or contractor of an entity. 2
* Sec. 2. AS 47.07.020(b) is amended to read: 3
(b) In addition to the persons specified in (a) of this section, the following 4
optional groups of persons for whom the state may claim federal financial participation 5
are eligible for medical assistance: 6
(1) persons eligible for but not receiving assistance under any plan of 7
the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 8
Supplemental Security Income) or a federal program designated as the successor to the 9
aid to families with dependent children program; 10
(2) persons in a general hospital, skilled nursing facility, or intermediate 11
care facility, who, if they left the facility, would be eligible for assistance under one of 12
the federal programs specified in (1) of this subsection; 13
(3) persons under 21 years of age who are under supervision of the 14
department, for whom maintenance is being paid in whole or in part from public funds, 15
and who are in foster homes, treatment foster homes, or private child-care institutions; 16
in this paragraph, "treatment foster home" has the meaning given in AS 47.32.900; 17
(4) aged, blind, or disabled persons, who, because they do not meet 18
income and resources requirements, do not receive supplemental security income under 19
42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not receive a 20
mandatory state supplement, but who are eligible, or would be eligible if they were not 21
in a skilled nursing facility or intermediate care facility to receive an optional state 22
supplementary payment; 23
(5) persons under 21 years of age who are in an institution designated as 24
an intermediate care facility for persons with intellectual and developmental disabilities 25
and who are financially eligible as determined by the standards of the federal program 26
designated as the successor to the aid to families with dependent children program; 27
(6) persons in a medical or intermediate care facility whose income 28
while in the facility does not exceed 300 percent of the supplemental security income 29
benefit rate under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act) but who 30
would not be eligible for an optional state supplementary payment if they left the 31

-3- Enrolled HB 36
hospital or other facility; 1
(7) persons under 21 years of age who are receiving active treatment in 2
a psychiatric hospital and who are financially eligible as determined by the standards of 3
the federal program designated as the successor to the aid to families with dependent 4
children program; 5
(8) persons under 21 years of age and not covered under (a) of this 6
section, who would be eligible for benefits under the federal program designated as the 7
successor to the aid to families with dependent children program, except that they have 8
the care and support of both their natural and adoptive parents; 9
(9) pregnant women not covered under (a) of this section and who meet 10
the income and resource requirements of the federal program designated as the 11
successor to the aid to families with dependent children program; 12
(10) persons under 21 years of age not covered under (a) of this sectio