Alaska DJJ Youth Pay to Stay Policy

Mercy Loyo filed this request with the Department Of Juvenile Justice of Alaska.
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No Responsive Documents

Communications

From: Mercy Loyo

To Whom It May Concern:

Pursuant to the Alaska Public Records Act, I hereby request the following records:

The following materials regarding the imposition, assessment, collection and balances of fees and debt for incarcerated youth (i.e., juveniles):

a) All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).

b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department/office or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Mercy Loyo

From: Department Of Juvenile Justice

Your request has been received by the Department of Family and Community Services.

____________________________________________
Matt Davidson
Special Assistant to the Commissioner / Legislative Liaison
Department of Family and Community Services
matt.davidson@alaska.gov
(907)465-5808 desk
(907)419-4343 mobile
[cid:image002.png@01D9160B.E38AB530]

From: Muckrock Staff

To Whom It May Concern:

I wanted to follow up on the following Alaska Public Records Act request, copied below, and originally submitted on Dec. 20, 2022. Please let me know when I can expect to receive a response.

Thanks for your help, and please let me know if further clarification is needed.

From: Department Of Juvenile Justice

Mercy, thank you for your patience with this response. The State of Alaska, Department of Family and Community Services, Division of Juvenile Justice does not charge juveniles or their families for any services for youth residents of state facilities. No fees are collected, nor debts tracked by the department. Under Alaska Statute AS 47.12.150 parents may have a duty to provide to provide financial support (child support) if ordered by the Court. The only department role in that process is providing notice to the Alaska Department of Revenue, Child Support Enforcement Division of a youth residing in / released from a DJJ facility. The department does not track child support payments, or directly receive any of the payments received from parents. You can contact the CSSD at this webpage. https://childsupport.alaska.gov/. They may have information on child support payments for youth in state custody.

Sec. 47.12.150. Legal custody, guardianship, and residual parental rights and responsibilities.
(a) When a minor is committed to the department under AS 47.12.120<https://www.akleg.gov/basis/statutes.asp#47.12.120>(b)(1) or (3) or 47.12.240, detained by the department on behalf of the Department of Corrections under AS 33.30.011<https://www.akleg.gov/basis/statutes.asp#33.30.011> and AS 47.12.105<https://www.akleg.gov/basis/statutes.asp#47.12.105>, or released under AS 47.12.120<https://www.akleg.gov/basis/statutes.asp#47.12.120>(b)(2) to the minor's parents, guardian, or other suitable person, a relationship of legal custody exists. This relationship imposes on the state and its authorized agents or the parents, guardian, or other suitable person the responsibility of physical care and control of the minor, the determination of where and with whom the minor shall live, the right and duty to protect, train, and discipline the minor, and the duty of providing the minor with food, shelter, education, and medical care. These obligations are subject to any residual parental rights and responsibilities and rights and responsibilities of a guardian if one has been appointed. When a minor is committed to the department and the department places the minor with the minor's parent, the parent has the responsibility to provide and pay for food, shelter, education, and medical care for the minor. When parental rights have been terminated, or there are no living parents and a guardian has not been appointed, the responsibilities of legal custody include those in (b) and (c) of this section. The department or person having legal custody of the minor may delegate any of the responsibilities under this section, except authority to consent to marriage, adoption, and military enlistment may not be delegated. For purposes of this chapter, a person in charge of a placement setting is an agent of the department.

(b) When a guardian is appointed for the minor, the court shall specify in its order the rights and responsibilities of the guardian. The guardian may be removed only by court order. The rights and responsibilities may include, but are not limited to, having the right and responsibility of reasonable visitation, consenting to marriage, consenting to military enlistment, consenting to major medical treatment, obtaining representation for the minor in legal actions, and making decisions of legal or financial significance concerning the minor.

(c) When there has been transfer of legal custody or appointment of a guardian and parental rights have not been terminated by court decree, the parents shall have residual rights and responsibilities. These residual rights and responsibilities of the parent include the right and responsibility of reasonable visitation, consent to adoption, consent to marriage, consent to military enlistment, consent to major medical treatment except in cases of emergency or cases falling under AS 25.20.025<https://www.akleg.gov/basis/statutes.asp#25.20.025>, and the responsibility for support, except if by court order any residual right and responsibility has been delegated to a guardian under (b) of this section.

____________________________________________
Matt Davidson
Special Assistant to the Commissioner / Legislative Liaison
Department of Family and Community Services
matt.davidson@alaska.gov
(907)465-5808 desk
(907)419-4343 mobile
[cid:image001.png@01D972A8.53041930]

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