Alaska Stat. § 47.17.290
Definitions
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Sec. 47.17.290. Definitions.
In this chapter,
(1) “athletic coach” means
(A) a paid leader or assistant of a sports team; or
(B) a volunteer leader or assistant of a sports team who volunteers as a leader or assistant of a sports team for more than four hours a week;
(2) “child” means a person under 18 years of age;
(3) “child abuse or neglect” means the physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under the age of 18 by a person under circumstances that indicate that the child's health or welfare is harmed or threatened thereby; in this paragraph, “mental injury” means an injury to the emotional well-being, or intellectual or psychological capacity of a child, as evidenced by an observable and substantial impairment in the child's ability to function;
(4) “child care provider” means an adult individual, including a foster parent or an employee of an organization, who provides care and supervision to a child for compensation or reimbursement;
(5) “criminal negligence” has the meaning given in AS 11.81.900;
(6) “department” means the Department of Family and Community Services;
(7) “immediately” means as soon as is reasonably possible, and no later than 24 hours;
(8) “institution” means a private or public hospital or other facility providing medical diagnosis, treatment, or care;
(9) “maltreatment” means an act or omission that results in circumstances in which there is reasonable cause to suspect that a child may be a child in need of aid, as described in AS 47.10.011, except that, for purposes of this chapter, the act or omission need not have been committed by the child's parent, custodian, or guardian;
(10) “mental injury” means a serious injury to the child as evidenced by an observable and substantial impairment in the child's ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified expert witness;
(11) “neglect” means the failure by a person responsible for the child's welfare to provide necessary food, care, clothing, shelter, or medical attention for a child;
(12) “organization” means a group or entity that provides care and supervision for compensation to a child not related to the caregiver, and includes a child care facility, pre-elementary school, early education program, head start center, child foster home, residential child care facility, recreation program, children's camp, and children's club;
(13) “person responsible for the child's welfare” means the child's parent, guardian, foster parent, a person responsible for the child's care at the time of the alleged child abuse or neglect, or a person responsible for the child's welfare in a public or private residential agency or institution;
(14) “practitioner of the healing arts” includes athletic trainers, chiropractors, mental health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapist assistants, physicians, physician assistants, psychiatrists, psychologists, psychological associates, audiologists and speech-language pathologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and family therapists licensed under AS 08.63, behavior analysts, assistant behavior analysts, religious healing practitioners, acupuncturists, and surgeons;
(15) “reasonable cause to suspect” means cause, based on all the facts and circumstances known to the person, that would lead a reasonable person to believe that something might be the case;
(16) “school district” means a city or borough school district or regional educational attendance area;
(17) “sex offense” has the meaning given in AS 12.63.100;
(18) “sexual exploitation” includes
(A) allowing, permitting, or encouraging a child to engage in prostitution prohibited by AS 11.66.100 — 11.66.150, by a person responsible for the child's welfare;
(B) allowing, permitting, encouraging, or engaging in activity prohibited by AS 11.41.455(a), by a person responsible for the child's welfare.
Chapter 18. Programs and Services Related to Adolescents.
Article 1. Comprehensive Planning.
In this chapter,
(1) “athletic coach” means
(A) a paid leader or assistant of a sports team; or
(B) a volunteer leader or assistant of a sports team who volunteers as a leader or assistant of a sports team for more than four hours a week;
(2) “child” means a person under 18 years of age;
(3) “child abuse or neglect” means the physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under the age of 18 by a person under circumstances that indicate that the child's health or welfare is harmed or threatened thereby; in this paragraph, “mental injury” means an injury to the emotional well-being, or intellectual or psychological capacity of a child, as evidenced by an observable and substantial impairment in the child's ability to function;
(4) “child care provider” means an adult individual, including a foster parent or an employee of an organization, who provides care and supervision to a child for compensation or reimbursement;
(5) “criminal negligence” has the meaning given in AS 11.81.900;
(6) “department” means the Department of Family and Community Services;
(7) “immediately” means as soon as is reasonably possible, and no later than 24 hours;
(8) “institution” means a private or public hospital or other facility providing medical diagnosis, treatment, or care;
(9) “maltreatment” means an act or omission that results in circumstances in which there is reasonable cause to suspect that a child may be a child in need of aid, as described in AS 47.10.011, except that, for purposes of this chapter, the act or omission need not have been committed by the child's parent, custodian, or guardian;
(10) “mental injury” means a serious injury to the child as evidenced by an observable and substantial impairment in the child's ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified expert witness;
(11) “neglect” means the failure by a person responsible for the child's welfare to provide necessary food, care, clothing, shelter, or medical attention for a child;
(12) “organization” means a group or entity that provides care and supervision for compensation to a child not related to the caregiver, and includes a child care facility, pre-elementary school, early education program, head start center, child foster home, residential child care facility, recreation program, children's camp, and children's club;
(13) “person responsible for the child's welfare” means the child's parent, guardian, foster parent, a person responsible for the child's care at the time of the alleged child abuse or neglect, or a person responsible for the child's welfare in a public or private residential agency or institution;
(14) “practitioner of the healing arts” includes athletic trainers, chiropractors, mental health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapist assistants, physicians, physician assistants, psychiatrists, psychologists, psychological associates, audiologists and speech-language pathologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and family therapists licensed under AS 08.63, behavior analysts, assistant behavior analysts, religious healing practitioners, acupuncturists, and surgeons;
(15) “reasonable cause to suspect” means cause, based on all the facts and circumstances known to the person, that would lead a reasonable person to believe that something might be the case;
(16) “school district” means a city or borough school district or regional educational attendance area;
(17) “sex offense” has the meaning given in AS 12.63.100;
(18) “sexual exploitation” includes
(A) allowing, permitting, or encouraging a child to engage in prostitution prohibited by AS 11.66.100 — 11.66.150, by a person responsible for the child's welfare;
(B) allowing, permitting, encouraging, or engaging in activity prohibited by AS 11.41.455(a), by a person responsible for the child's welfare.
Chapter 18. Programs and Services Related to Adolescents.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1996–2025 · leading case: Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS (2020)
““[M]ental injury” is defined as “a serious injury to the child as evidenced by an observable and substantial impairment in the child’s ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified…”
Josephine B. v. State, Department of Health & Social Services, Office of Children's Services (2008)
“(20) 'mental injury' has the meaning given in AS 47.17.290." 9 . Minutes of the House Finance Committee hearing on HB 375, May 2, 1998, testimony of Assistant Attorney General Susan Wibker (Tape 98-143, Side A) (stating that the "thrust" of AS 47.”
Theresa L. v. State, Dept. of Health and Social Services, Office of Children's Services (2015)
“" 38 "Emotional harm" in the original bill "includ[ed] 'mental injury' as defined in AS 47.17.290." 39 Minutes from a hearing in the House Health, Education and Social Services Committee reflect that Susan Wibker, an assistant attorney general, discussed "emotional harm," saying…”
Planned Parenthood of the Great Northwest v. State (2016)
“020; AS 47.17.290(6). -12- 7114 doctor to protect her own health and that of her fetus.”
R.J.M. v. State (1997)
“The State points first to AS 47.17.290, which defines “neglect,” as “the failure by a person responsible for the child’s welfare to provide necessary food, care, clothing, shelter, or medical attention for a child.”
Barbara P. v. State, Department of Health & Social Services (2010)
“AS 47.17.290(9). 28 . The failure of the superior court to specify what subsection of the CINA statute it is proceeding under, let alone what paragraph of the subsection, does not constitute error so long as the court's factual findings support a determination that the child is…”
Larkins v. State (2018)
“Larkins' case. The first time he raised the issue was in his written closing arguments submitted to the district court after the Rule 21 hearing.”
Ibarra v. Holder, Jr. (2013)
“For example, compare Alaska Stat. § 47.17.290 (Westlaw through 2012 legislation) (defining "child neglect” for purposes of child welfare intervention as "the failure by a person responsible for the child's welfare to provide necessary food, care, clothing, shelter, or medical…”
Wells v. State (2004)
“Additionally, in AS 47.17.290(7), the legislature provided that "`institution' means a private or public hospital or other facility providing medical diagnosis, treatment, or care " (emphasis added).”
Cornwall v. State (1996)
“This statute reads: The Department of Health and Social Services may take emergency custody of a minor upon discovering any of the following circumstances: (1) the minor has been abandoned; (2) the minor has been grossly neglected by the minor’s parents or guardian, as "neglect”…”
John E. v. Andrea E. (2019)
“" AS 47.17.290(3). But the statute he cites does not mention serious physical injury.”
Tuluksak Native Community v. State of Alaska, DHSS, OCS (2023)
“33 AS 47.17.290(10) (emphasis added). 34 Cora G.”
— Alaska Stat. § 47.17.290(10) — 7 cases
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS (2020)
““[M]ental injury” is defined as “a serious injury to the child as evidenced by an observable and substantial impairment in the child’s ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified…”
Theresa L. v. State, Dept. of Health and Social Services, Office of Children's Services (2015)
“" 38 "Emotional harm" in the original bill "includ[ed] 'mental injury' as defined in AS 47.17.290." 39 Minutes from a hearing in the House Health, Education and Social Services Committee reflect that Susan Wibker, an assistant attorney general, discussed "emotional harm," saying…”
R.J.M. v. State (1997)
“The State points first to AS 47.17.290, which defines “neglect,” as “the failure by a person responsible for the child’s welfare to provide necessary food, care, clothing, shelter, or medical attention for a child.”
Tuluksak Native Community v. State of Alaska, DHSS, OCS (2023)
“33 AS 47.17.290(10) (emphasis added). 34 Cora G.”
RJM v. State (1997)
— Alaska Stat. § 47.17.290(2) — 1 case
— Alaska Stat. § 47.17.290(3) — 2 cases
John E. v. Andrea E. (2019)
“" AS 47.17.290(3). But the statute he cites does not mention serious physical injury.”
Kriya D. v. Scott C. (2023)
— Alaska Stat. § 47.17.290(6) — 1 case
Planned Parenthood of the Great Northwest v. State (2016)
“020; AS 47.17.290(6). -12- 7114 doctor to protect her own health and that of her fetus.”
— Alaska Stat. § 47.17.290(7) — 1 case
Wells v. State (2004)
“Additionally, in AS 47.17.290(7), the legislature provided that "`institution' means a private or public hospital or other facility providing medical diagnosis, treatment, or care " (emphasis added).”
— Alaska Stat. § 47.17.290(9) — 4 cases
Josephine B. v. State, Department of Health & Social Services, Office of Children's Services (2008)
“(20) 'mental injury' has the meaning given in AS 47.17.290." 9 . Minutes of the House Finance Committee hearing on HB 375, May 2, 1998, testimony of Assistant Attorney General Susan Wibker (Tape 98-143, Side A) (stating that the "thrust" of AS 47.”
Barbara P. v. State, Department of Health & Social Services (2010)
“AS 47.17.290(9). 28 . The failure of the superior court to specify what subsection of the CINA statute it is proceeding under, let alone what paragraph of the subsection, does not constitute error so long as the court's factual findings support a determination that the child is…”
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS (2020)
““[M]ental injury” is defined as “a serious injury to the child as evidenced by an observable and substantial impairment in the child’s ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified…”
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