Section 7 AAC 52.005 - Institutional classification(a) When a juvenile has been institutionalized by court order, the juvenile shall appear before an institutional 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) The institutional classification committee must be composed of one representative from each of the four division regions. The director's designee shall appoint each member. The chair for the hearing is the representative for the division region where the juvenile resides. The chair and other members of the committee must be employees of the department. The chair is a nonvoting member of the committee. The committee must have two members representing juvenile probation and two members representing facility staff. A member who is absent from a classification hearing shall assign a substitute from juvenile probation or facility staff.(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) Within two working days after reaching a decision on placement, the committee chair shall notify the referring juvenile probation officer and the recommended receiving facility of the placement decision. The notification must include the committee's findings and conclusions. The referring probation officer shall distribute the committee's findings and conclusions to the juvenile, to the juvenile's parents or legal guardian, and to the juvenile's attorney, guardian ad litem, and social worker if applicable.(f) The referring probation officer shall provide the juvenile's classification file to the superintendent of the recommended receiving facility within seven working days after the date of the committee's classification decision.(g) Within seven working days after receipt of the institutional classification committee's findings and conclusions, the juvenile, the juvenile's parents or legal guardian, or the juvenile's attorney may, by mail, facsimile transmission, or electronic mail, request that the director's designee review those findings and conclusions. A request is timely if the director's designee receives it within the seven working-day period. The director's designee shall issue a written decision on the request within seven calendar days after receipt of the juvenile's classification file. The director's designee may uphold the original classification decision, direct that the juvenile be placed at a facility different from that recommended by the committee, or return the matter to the committee for reclassification at a different facility. The written decision shall be distributed to the juvenile, to the juvenile's parent or legal guardian, to the juvenile's attorney, to the superintendent of the receiving facility, to the referring probation officer, and to the committee chair. The decision must state that a request may be made for review by the director.(h) Within seven working days after receipt of a juvenile's classification file, if the superintendent of the receiving facility rejects the juvenile under 7 AAC 52.010, the superintendent shall, by mail, facsimile transmission, or electronic mail, request that the director's designee review the findings and conclusions of the institutional classification committee. A request is timely if the director's designee receives it within the seven working-day period. The director's designee shall contact the juvenile, the juvenile's parents or legal guardian, and the juvenile's attorney in writing or by telephone to inform them that the classification decision has been appealed, and that a different placement than what the committee recommended may result. The director's designee shall ask the juvenile, the juvenile's parents or legal guardian, and the juvenile's attorney for information or concerns that may be useful in considering the superintendent's request. The director's designee shall issue a written decision on the request within seven calendar days after receipt of the juvenile's classification file. The written decision will be distributed to the juvenile, to the juvenile's parents or legal guardian, to the juvenile's attorney, to the superintendent of the receiving facility, to the referring probation officer, and to the committee chair. The director's designee may uphold the original classification recommendation, return the matter to the committee for reconsideration, or direct that the juvenile be placed at a facility different from that recommended by the committee.(i) If the director's designee directs the juvenile to be placed in a facility other than that recommended by the classification committee, the juvenile, the juvenile's parents or legal guardian, or the juvenile's attorney may, within three working days after receiving the decision, request review by the director. Review may be requested by mail, facsimile transmission, or electronic mail. A request is timely if the director receives it within the three working-day period. The director shall make a decision on the request within three working days after receipt of the request. The director's decision shall be issued in writing to the juvenile, to the juvenile's parents or legal guardian, and to the juvenile's attorney, and is final.(j) If the director's designee, under (h) of this section, directs the institutional classification committee to reconsider a placement for which review was requested, the reclassification hearing must be held within 14 days after the committee chair receives the written decision under (h) of this section. Notification of a reclassification hearing must be provided to the individuals involved in the original hearing in the same manner as required for the original hearing under (a) of this section.(k) In this section, "division region" means one of four geographic areas of the state in which division offices are grouped for purposes of management. For purposes of this section, division regions consist of the (1) Anchorage region, consisting of the area within the Municipality of Anchorage;(2) Southcentral region, consisting of the area outside the Municipality of Anchorage, but within the Third Judicial District;(3) Northern region, consisting of the area within the Second and Fourth Judicial Districts; and(4) Southeast region, consisting of the area within the First Judicial District.Eff. 7/3/80, Register 74; am 1/14/2000, Register 153; am 7/18/2007, Register 183Authority:AS 47.05.010
AS 47.12.120
AS 47.12.240
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS 47.14.100