HB 36 Alaska House · 34th Legislature (2025-2026)

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.

HB 36 amends Alaska law to allow minors aged 16 or older in foster care to consent to up to five outpatient mental health sessions without parental permission. After five sessions, mental health providers must obtain parental consent for medication or continued treatment. The bill also establishes documentation standards for homeless minors (16+ years) to self-certify eligibility for consent, requiring verification from specific officials or professionals. It directly affects youth in Alaska’s child welfare system receiving mental health services, particularly those in foster care or experiencing homelessness.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
May 2026
House Passage
Mar 2025
Senate Passage
May 2026
Signed into Law
Jul 2026
Introduced Jan 22, 2025 Signed Jul 3, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Enrolled HB 36 HB 36 · 6 edits
MODERATE
This bill simplifies the process for placing children in acute psychiatric hospitals by removing the requirement to prove that less restrictive alternatives have failed before seeking care. It also expands the definition of 'treatment foster homes' to include specialized services for trauma and mental health needs, while adding new reporting requirements for the Department of Health and Community Services to track worker retention and foster care outcomes.
Scope change
The bill's scope shifted from requiring a 'least restrictive alternative' analysis for hospital placements to allowing direct placement in acute psychiatric hospitals when a child is gravely disabled, provided the hospital is the least restrictive option available at that moment.
REQUIREMENT

Removed the requirement to demonstrate that less restrictive alternatives were tried and failed before placing a child in an acute psychiatric hospital.

Replaced the term 'residential psychiatric treatment center' with 'acute psychiatric hospital' for short-term emergency placements.

Mandated that courts hold hearings at the hospital, via video conference, or by teleconference to expedite reviews of emergency placements.

Required the Department of Health and Community Services to submit an annual report on social worker recruitment, retention, and foster care success metrics.

DEFINITION

Added new definitions for 'acute psychiatric hospital' and 'contemporaneous two-way video conference' to clarify placement and hearing procedures.

Expanded the definition of 'treatment foster home' to explicitly include provision of specialized services for trauma, mental health, and substance abuse.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
100
Key actions
10
Committee
6
May 16, 2026
Upper · Passed
(S) TRANSMITTED TO (H) AS AMENDED
upper
May 16, 2026
Upper · Passed
(S) PASSED Y19 N- E1
upper
May 15, 2026
Upper · Passed
(S) FIN SCS ADOPTED UC
upper
May 12, 2026
Upper · Passed
(S) Moved SCS HB 36(FIN) Out of Committee -- Please Note Time Change --
upper
May 15, 2025
Upper · Passed
(S) Moved SCS HB 36(JUD) Out of Committee -- Please Note Time Change --
upper
May 14, 2025
Committee
(S) JUD REFERRAL ADDED AFTER HSS
upper
May 13, 2025
Upper · Passed
(S) Moved SCS HB 36(HSS) Out of Committee
upper
Mar 26, 2025
Lower · Passed
(H) TRANSMITTED TO (S)
lower
Mar 26, 2025
Lower · Passed
(H) PASSED Y39 E1
lower
Mar 20, 2025
Lower · Passed
(H) Moved HB 36 Out of Committee -- Delayed to 2:45 pm --
lower
Feb 27, 2025
Lower · Passed
(H) Moved HB 36 Out of Committee
lower
1 primary · 23 co-sponsors

Sponsors