Committee reviews HB52 after DOJ findings; bill would expand transparency, inspections and reporting for minors in psychiatric hospitals

The House Finance Committee on March 17 reviewed House Bill 52, legislation responding to a Department of Justice investigation that found Title II Americans with Disabilities Act violations in how Alaska treated minors in psychiatric hospitals and that Alaska Native children were disproportionately institutionalized.

Sponsor Representative Maxine Divert said HB52 is designed to increase transparency and oversight. Key provisions reviewed by staff include: guaranteeing minors undergoing inpatient mental‑health evaluation and treatment a right to confidential communication with a parent, legal guardian or approved adult for at least two cumulative hours each week; directing the Department of Health to prepare an annual report to the legislature on seclusion and restraint and inspection findings; and requiring psychiatric hospitals to notify the Department of Health and a minor’s guardian no later than 72 hours after any seclusion or restraint event.

Staff explained section 4 would require at least two unannounced inspections of any psychiatric hospital that treats minors, with private interviews of at least 50% of minor patients during inspections. Committee members asked whether the bill applies to Alaskan minors placed out of state; staff said the bill applies to psychiatric hospitals within Alaska and that DFCS is directed to collect data on both in‑state and out‑of‑state residential care for inclusion in DHSS reporting.

Fiscal‑note witnesses provided implementation details. Bruce Downs (Office of Children's Services) said OCS currently can provide data only for children in OCS custody and flagged that the department “may lack statutory authority to collect data on minors who are not in its custody” for reporting purposes. David Flatten (Division of Juvenile Justice) said DJJ can provide requested information at no additional cost. Matthew Thomas (Division of Healthcare Services) presented a DHSS fiscal note requesting $225,800 in FY27 general‑fund appropriations to add one nurse consultant (personal services $185,800) plus services and commodities to support program development, rulemaking, inspection protocols and training; DHSS characterized the cost as general fund because the bill addresses licensure rather than Medicaid requirements.

Chair Foster set an amendment deadline for HB52 of Friday, March 20 at 5:00 p.m. The committee concluded its hearing on HB52 and adjourned at 3:16 p.m.

The record includes DOJ findings, the bill’s sectional analysis, and three departmental fiscal notes documenting different data and staffing responsibilities that the legislature will weigh during amendment and appropriation decisions.