E.T., age 14, committed a number of offenses. Two psychologists who evaluated E.T. concluded that he had the symptoms of FAS or FAE. The state brought a juvenile proceeding against E.T., and the trial court committed him to the custody of the state Department of Health and Social Services. That order permitted the Department to place him outside the parental home. Although E.T.'s family was in Nome, the Department intended to send him to a facility in Fairbanks.

The decision to send E.T. to Fairbanks was explained as follows:

879 P. 2d at 364. There was in Nome some sort of treatment program for individuals with FAS, but it had 200 people on the waiting list. The Department wanted to send E.T. to "Hospitality House" in Fairbanks, which had had good success in dealing with FAS juveniles.

The Children's Master (a hearing officer) who heard the evidence "was convinced that E.T.'s disposition had to include treatment for his FAS symptoms." He explained to E.T., "I think you need the structure, I think you need the counseling, I think you need the setting to get you straightened out." 879 P. 2d at 365. The trial judge agreed to allow the Department to send E.T. to Fairbanks, but provided that he could only be placed in a "non-institutional" setting. 879 P. 2d at 364. The appellate court upheld the decision to send E.T. to Fairbanks, explaining that it was needed to assure "adequate evaluation, treatment, and supervision." 879 P. 2d at 365.

This decision provides important support for the argument that offenders with FAS/FAE should be sentenced to facilities or programs that know how to evaluate and deal with FAS/FAE.