Native Village of Kwinhagak v. State of Alaska, Dhss, Ocs

Summary

The court held that OCS could admit a child in its legal custody to non-designated psychiatric hospitals under its statutory duty to provide medical care, without invoking the civil commitment statutes. Nevertheless, Alaska's due process guarantee required prompt notice to the parties in the CINA case and a hearing as soon as reasonably possible to determine whether continued hospitalization was justified; the 46-day delay violated that requirement. The court therefore reversed the order authorizing the child's continued hospitalization.