North Dakota Administrative Code

The household is eligible for housing assistance if: 1. The household completes and submits a housing assistance application in the form and manner prescribed by the department; 2. The household resides in North Dakota; 3. The household is at risk of eviction or experiencing hous…

1. A notice of determination should be made no later than thirty days following the day that the household submitted a completed housing assistance application. A complete housing assistance application includes: a. A completed and signed application in the form and manner prescr…

1. A notice of denial should be sent no later than thirty days following the day that the household submitted a completed housing application. The department may deny the household's housing assistance application if the household is not eligible pursuant to section 75-02-12-06. …

A household that has requested housing assistance may appeal a decision to deny the completed application or revocation of eligibility for assistance. An appeal under this section must be made in writing on a form developed and provided by the department within ten days of the da…

A household may request an exception to the eligibility criteria. Exceptions will be considered with regard to a household meeting the eligibility criteria. Exception requests will be reviewed on a case-by- case basis. The department may deny a request for an exception and may re…

1. "Applicant" means an individual seeking services under this chapter. 2. "Application" means a request in the form and manner prescribed by the department signed by an applicant or by a legally responsible individual on behalf of the applicant. 3. "Department" means the departm…

1. An applicant or legally responsible individual may apply to the department to participate in the family paid caregiver program. 2. A completed application must be submitted to the department upon initial application and annually thereafter. 3. The date of application is the da…

1. Eligible participants supported under this chapter may not exceed the limits of legislative appropriations for the family paid caregiver program. 2. The department shall review completed applications in the order received and shall only approve applications within the limits o…

1. The department shall issue a written notice to an applicant, eligible participant, or a legally responsible individual if the department denies, revokes, or terminates. 2 2. The department shall include the reason for the denial, revocation, or termination and shall inform the…

Repealed effective January 1, 2011.

Repealed effective January 1, 2011.

The terms used in this chapter have the same meanings as in North Dakota Century Code section 50-11.1-02. History: Effective December 1, 1981; amended effective January 1, 2011. General Authority: NDCC 50-11.1-08 Law Implemented: NDCC 50-11.1-02, 50-11.1-06, 50-11.1-08

1. An application for a registration document must be submitted to the department wherein the applicant proposes to provide in-home services. Application must be made in the form and manner prescribed by the department. 2. An applicant for an in-home registration document shall b…

An in-home provider shall make appropriate accommodations, as required by the Americans with Disabilities Act, to meet the needs of children with special needs. The in-home provider must receive documentation of the child's special needs by the parent upon the child's enrollment.…

1. The right to provide early childhood services is dependent upon the applicant's or provider's continuing compliance with the terms of the registration as listed in section 75-03-07-04. 3 2. A fraudulent or untrue representation is grounds for revocation or denial. 3. a. The ap…

An applicant for an in-home registration or in-home provider may appeal a decision to deny or revoke a registration document by filing a written appeal with the department. The appeal must be postmarked or received by the department within ten calendar days of the in-home registr…

The terms used in this chapter have the same meanings as in North Dakota Century Code section 50-11.1-02. In addition, as used in this chapter: 1. "Annual" is defined as the provider's approved self-declaration year. 2. "Application" means all forms the department requires when a…

Repealed effective January 1, 2011.

1. An applicant for a self-declaration document shall submit the application to the department in which the applicant proposes to provide early childhood services. An application, including a department-approved authorization for background check for household members age twelve …

Repealed effective January 1, 2011.

designee. 1. The department may not authorize more than one in-home registration, self-declaration, or license per residence. A residence means real property that is typically used as a single family dwelling. 6 2. The applicant may identify one emergency designee for the self-de…

An applicant for a self-declaration document or a provider has the right to appeal a decision to deny or revoke a self-declaration document. A written appeal must be postmarked or received by the department within ten calendar days of the applicant's or provider's receipt of writ…

1. The right to provide early childhood services is dependent upon the applicant's or provider's continuing compliance with the terms of the application as listed in section 75-03-07.1-02. 2. A fraudulent or untrue representation is grounds for revocation or denial. 3. a. The app…

1. The provider shall operate according to the recommendations by the federal centers for disease control and prevention, including washing hands, before preparing or serving meals, after diapering, after using toilet facilities, and after any other procedure that may involve con…

1. Environment and interactions. a. A provider serving children from birth to twelve months shall provide an environment which protects the children from physical harm. b. The provider shall ensure that each infant receives positive stimulation and verbal interaction such as bein…

A provider shall make appropriate provisions, as required by the Americans with Disabilities Act, to meet the needs of children with special needs. The provider shall receive documentation of the child's special needs by the parent upon the child's enrollment. 1. When a child wit…

1. A provider shall correct violations noted in a correction order within the following times: a. For a violation of subsection 24 of North Dakota Century Code section 50-11.1-02, North Dakota Century Code section 50-11.1-02.2, paragraph 5 or 7 of subdivision a of subsection 3 of…

1. The department shall assess a fiscal sanction of twenty-five dollars per day for each violation of North Dakota Century Code chapter 50-11.1; subdivision b, c, d, or e of subsection 3 of section 75-03-07.1-02; or subsection 4 of section 75-03-07.1-02 for each day that the prov…

The department may issue a restricted self-declaration: 1. To restrict an individual's presence when children are in child care; 2. To restrict a pet or animal from areas accessible to children; or 3. When necessary to inform the parents that the provider is restricted to operati…

1. Each self-declared provider shall establish and post an emergency disaster plan for the safety of the children in care. Written disaster plans must be developed in cooperation with local emergency management agencies. The plan must include: a. Emergency procedures, including t…

Repealed effective January 1, 2011.

Repealed effective January 1, 2011. 1

The terms used in this chapter have the same meanings as in North Dakota Century Code section 50-11.1-02. In addition, as used in this chapter, unless the context or subject matter otherwise requires: 1. "Annual" is defined as the provider's licensing year. 2. "Application" means…

1. The issuance of a license to operate a family child care is evidence of compliance with the standards contained in this chapter and North Dakota Century Code chapter 50-11.1 at the time of licensure. 2. The current license must be displayed prominently in the premises to which…

1. A license may be denied or revoked under the terms and conditions of North Dakota Century Code sections 50-11.1-04, 50-11.1-06.2, 50-11.1-09, and 50-11.1-10. 2 2. If an action to revoke a license is appealed, the provider may continue the operation of the family child care pen…

Repealed effective January 1, 2013.

1. The department may issue a provisional license for the operation of a family child care although the applicant or provider fails to, or is unable to, comply with all applicable standards and rules of the department. 2. A provisional license must: a. State that the provider has…

The department may issue a restricted license: 1. To restrict an individual's presence when children are in child care; 2. To restrict a pet or animal from areas accessible to children; or 3. When necessary to inform the parents that the provider is licensed, but is restricted to…

1. An application for a license must be submitted to the department in which the family child care is located. Application must be made in the form and manner prescribed by the department. 2. The license is nontransferable and valid only for the premises indicated on the license.…

Repealed effective January 1, 1987.

1. A provider shall be currently certified: a. In infant and pediatric cardiopulmonary resuscitation and the use of an automated external defibrillator by the American heart association, American red cross, or other 4 similar cardiopulmonary resuscitation and automated external d…

1. Staffing requirements are established by the number of children physically in care at the family child care at any given time, rather than total enrollment. 2. If a child with special needs is admitted to the program, the child's developmental age level must be used in determi…

A provider shall: 1. Be at least eighteen years of age; 2. Certify completion of a department-approved basic child care course within ninety days of licensure; 3. Certify completion of a minimum of nine hours of department-approved training related to child care annually, includi…

CHAPTER 75-03-08 FAMILY CHILD CARE EARLY CHILDHOOD SERVICES Section 75-03-08-01 Purpose [Repealed] 75-03-08-02 Authority and Objective [Repealed] 75-03-08-03 Definitions 75-03-08-04 Effect of Licensing and Display of License 75-03-08-05 Denial or Revocation of License 75-03-08-05…

teaching children. Each staff member who provides care shall: 1. Be at least fourteen years of age, provided that each staff member under age sixteen provides written parental consent for employment as a staff member, and the employment arrangements comply with North Dakota Centu…

If a volunteer is providing child care, the volunteer shall meet the qualifications of a staff member responsible for caring for or teaching children and shall receive orientation for all assigned tasks. History: Effective January 1, 2011. General Authority: NDCC 50-11.1-08 Law I…

responsible for caring for or teaching children. 1. If the physical, cognitive, social, or emotional health capabilities of an applicant, provider, or staff member appears questionable, the department may require the individual to present evidence of the individual's capability t…

1. The family child care must contain adequate space, indoors and out, for the daily activities of the children. Adequate space must include a minimum of thirty-five square feet [3.25 square meters] of space per child indoors and a minimum of seventy-five square feet [6.97 square…

1. Prior to licensure, the provider shall establish a written policy governing the transportation of children to and from the family child care, if the family child care provides transportation. This policy must specify who is to provide transportation and how parental permission…

1. Each provider shall establish and post an emergency disaster plan for the safety of the children in care. Written disaster plans must be developed in cooperation with local emergency management agencies. The plan must include: a. Emergency procedures, including the availabilit…