Summary of Argument

This Court's Order dated February 12, 2015, granted a preliminary injunction in favor of the Plaintiffs and required that a foster child who is involuntarily admitted for emergency care to a private psychiatric hospital be given a post-admission judicial hearing in order to justify that child's continued confinement. See Order Regarding Defendant Christy Lawton's Motion to Dismiss and Motion to Dismiss for Sovereign Immunity and Plaintiffs' Motion for a Preliminary Injunction, Native Village of Hooper v. Lawton, 3AN-14-5238CI, Feb. 12, 2015, at 18 ("MPI Order"). This Court invited briefing by the parties and by amici with regard to the time frame within which such a hearing must be held in order to satisfy the applicable due process requirements. Id. at 16. In this memorandum, amici the Fred T. Korematsu Center for Law and Equality ("Korematsu Center") and the Center for Indian Law & Policy ("CILP"), respectfully assert that this question has already been answered by the Alaska Legislature, as applicable Alaska statutes and regulations require such a hearing within 72 hours after the child is involuntarily admitted. Amici further agree with Plaintiffs and amici ACLU and the Disability Law Center of Alaska that, in addition to the statutory requirement for a hearing within 72 hours, the United States and Alaska Constitutions also require a hearing within hours or days, but not weeks, after a child is involuntarily admitted. Amici respectfully submit that the statutory 72-hour period provides an appropriate guideline for this constitutional requirement, as it is in line with both the reasoned judgment of the Alaska Legislature and the practices of other states.

The Korematsu Center and CILP urge this Court to craft a final remedial order that requires a post-admission judicial hearing within 72 hours and that requires North Star Behavioral Health System ("North Star*) to follow the provisions of AS 47.30.705, et seg. when a minor is involuntarily admitted for treatment.

Summary of Argument

The Court's February 12, 2015 Order mandated a post-admission judicial hearing for involuntarily admitted foster children in private psychiatric hospitals. This memorandum argues that the Alaska Legislature has already addressed the required timeframe for such hearings, requiring them within 72 hours of admission. This aligns with both the reasoned judgment of the Alaska Legislature and the practices of other states. The amici curiae, the Fred T. Korematsu Center for Law and Equality and the Center for Indian Law & Policy, support the Plaintiffs' and amici's position that the Constitution requires a hearing within hours or days, not weeks. This statutory 72-hour period provides an appropriate guideline for the constitutional requirement.

The amici urge the Court to issue a final order requiring a post-admission judicial hearing within 72 hours and mandate North Star Behavioral Health System's compliance with AS 47.30.705, et seq. for involuntarily admitted minors.

Summary of Argument

This memorandum addresses the time frame for a post-admission judicial hearing required for involuntarily admitted foster children in private psychiatric hospitals. The Court's previous order mandated such a hearing to justify continued confinement, leaving the specific timeframe open for debate. Amici curiae, the Fred T. Korematsu Center for Law and Equality ("Korematsu Center") and the Center for Indian Law & Policy ("CILP"), argue that Alaska statutes and regulations already address this issue, requiring a hearing within 72 hours of involuntary admission. They further agree with Plaintiffs and other amici that constitutional due process also mandates a hearing within a short timeframe, aligning with the statutory 72-hour period. The amici advocate for a final order requiring a hearing within 72 hours and adherence to Alaska statutes governing involuntary admissions for minors.

Summary of Argument

This legal case is about the rights of children who are involuntarily admitted to a private psychiatric hospital. The court previously ordered that these children have a hearing to justify their continued stay in the hospital. Now, the court is deciding how quickly these hearings should happen.

Two organizations, the Korematsu Center and the CILP, believe that the answer is already provided by Alaska law. They argue that state law requires a hearing within 72 hours of the child being admitted. These organizations also agree with other groups that the U.S. and Alaska Constitutions require a hearing within a few hours or days, not weeks. They believe that the 72-hour period set by the law is a good guideline for the constitutional requirement.

The Korematsu Center and CILP ask the court to issue a final order that requires a hearing within 72 hours. They also want the court to make sure that the hospital follows Alaska law regarding the admission of minors.

Summary of Argument

This case is about a foster child who was put in a mental hospital without their consent. A judge said that the child should have a hearing to make sure they should stay in the hospital. The judge wants to know how soon this hearing should happen.

Two groups, the Korematsu Center and the CILP, say that Alaska law already says the hearing should happen within 72 hours after the child is put in the hospital. They also say that the US and Alaska rules for fair treatment say the hearing should be within a few hours or days, not weeks. These groups think that the 72-hour time limit from the Alaska law is a good guideline for the judge's decision.

The groups want the judge to order that the hearing must happen within 72 hours, and that the hospital must follow Alaska laws about how to care for children who are put in the hospital without their consent.