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Initial Report and Recommendations - Alaska Department of Law

Initial Report and Recommendations - Alaska Department of Law

Initial Report and Recommendations - Alaska Department of Law

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oth the state <strong>and</strong> the federal governments explore options for increasing funding <strong>and</strong>support for the expansion <strong>of</strong> adolescent treatment programs. 106Evaluation data show that therapeutic courts in <strong>Alaska</strong> are effective in dealingwith substance abuse related <strong>of</strong>fenses, 107 <strong>and</strong> it both commends the <strong>Alaska</strong> Court Systemfor supporting therapeutic courts <strong>and</strong> recommends that the <strong>Alaska</strong> Court System continueto exp<strong>and</strong> the establishment <strong>of</strong> additional therapeutic courts in rural <strong>Alaska</strong>. The greateremphasis on a “medical model” in processing substance-abuse related <strong>of</strong>fenses willcontinue to lower the rate <strong>of</strong> recidivism. 108The Commission has learned that when first-degree relatives provide foster carein their homes the state support that they receive is less than that received by more distantrelatives <strong>and</strong> strangers. 109 To remedy this situation the State should explore changes inregulations that would encourage relatives’ caring for children in need <strong>of</strong> aid. The Stateshould also implement a plan to establish more group homes for children who need suchservices. 110 A concentrated effort should be made to increase the number <strong>of</strong> group homesin rural <strong>Alaska</strong>, accompanied by more flexibility on the st<strong>and</strong>ards <strong>and</strong> designed to reflectcommunity values. Specialized training for group home parents <strong>and</strong> operators. 111There is also a need to increase the number <strong>of</strong> <strong>Alaska</strong> Native foster homes for<strong>Alaska</strong> Native children <strong>and</strong> to facilitate the pass-through <strong>of</strong> foster care subsidy paymentsfor foster care placements ordered by tribal courts. To help remedy this situation, theCommission recommends enactment <strong>of</strong> a state law similar to those portions <strong>of</strong> HB 193 orSB 125 that give the Commissioner <strong>of</strong> Health <strong>and</strong> Social Services the discretion to setappropriate st<strong>and</strong>ards for foster home placements <strong>and</strong> grant waivers in appropriatecircumstances, <strong>and</strong> which resolve problems with state liability issues. In the event thisbecomes law, the Commission recommends that the <strong>Alaska</strong> <strong>Department</strong> <strong>of</strong> Health <strong>and</strong>Social Services consult with tribes over the foster care licensing st<strong>and</strong>ards. TheCommission further supports the enactment <strong>of</strong> federal legislation similar to that in S. 672,introduced in March 2005, allowing tribes to apply for <strong>and</strong> administer Title IV-E directlyfrom the federal government, while maintaining consistent funding levels for thestates. 112 Implementing this recommendation will serve the best interests <strong>of</strong> <strong>Alaska</strong>Native children needing foster home placements by increasing the supply <strong>of</strong> suitablefoster homes in state child protection cases <strong>and</strong> by increasing the resources available tosupport tribally ordered foster care placements. 113106 Recommendation 36.107 See the <strong>Alaska</strong> Judicial Council’s evaluation <strong>of</strong> the therapeutic courts in Anchorage <strong>and</strong> Bethel athttp://www.ajc.state.ak.us/<strong>Report</strong>s/TherCt2004.pdf108 Recommendation 37.109 When children are placed in first-degree relatives’ homes, they have to apply for child-only TANFfunding which is considerably less than foster care funding, especially when there are multiple childrenin the home.110 Recommendation 38.111 Recommendation 39.112 In May 2001 Alfred Ketzler, Sr., CAO <strong>of</strong> the Tanana Chiefs Conference, Inc., provided testimony to theSenate Commission on Indian Affairs that articulates the Title IV-E problem very well <strong>and</strong> also makesadditional recommendations relevant to this Commission. His testimony can be read at the followingwebsite: http://indian.senate.gov/2001hrgs/alaska/ketzler.PDF113 Recommendation 40.<strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong> Enforcement Commission - Page 55

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