North Dakota Administrative Code

CHAPTER 75-03-08 FAMILY CHILD CARE EARLY CHILDHOOD SERVICES Section 75-03-08-01 Purpose [Repealed] 75-03-08-02 Authority and Objective [Repealed] 75-03-08-03 Definitions 75-03-08-04 Effect of Licensing and Display of License 75-03-08-05 Denial or Revocation of License 75-03-08-05…

CHAPTER 75-03-08 FAMILY CHILD CARE EARLY CHILDHOOD SERVICES Section 75-03-08-01 Purpose [Repealed] 75-03-08-02 Authority and Objective [Repealed] 75-03-08-03 Definitions 75-03-08-04 Effect of Licensing and Display of License 75-03-08-05 Denial or Revocation of License 75-03-08-05…

1. The provider shall request a preadmission visit with the child and the child's parents to acquaint the child and the parent with the family child care and its surroundings, the other children, and the provider. 2. The provider shall inform parents about the family child care, …

1. The provider shall have a program of daily individual and small group activities appropriate to the ages and needs of the children in the family child care. The program must include activities that foster sound social, cognitive, emotional, and physical growth, developed in co…

A provider shall serve children nutritious meals or snacks according to the following requirements: 1. When the provider is responsible for providing food to children, the food supplied must meet United States department of agriculture standards and must be properly prepared, suf…

1. Children shall have received all immunizations appropriate for the child's age, as prescribed by the public health division of the department, unless the child is medically exempt or exempt from immunizations based on religious, philosophical, or moral beliefs. 2. Staff member…

1. A copy of this chapter must be kept on the premises and available to staff members at all times. 2. The provider shall maintain the following records: a. The child's full name, birth date, current home address, legal names of the child's parents, and current business and perso…

Disregard of any of the following disciplinary rules or any disciplinary measure resulting in physical or emotional injury, or neglect or abuse, to any child is grounds for denial or revocation of a provider's license. 1. Discipline must be constructive or educational in nature a…

1. Infant care. a. Environment and interactions. (1) A provider serving children from birth to twelve months shall provide an environment which protects the children from physical harm. (2) The provider shall ensure that each infant receives positive stimulation and verbal intera…

A provider shall make appropriate accommodations, 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 childre…

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…

1. An applicant or provider may not be, and a family child care may not employ or allow, in any capacity that involves or permits contact between the emergency designee, staff member, or household member and any child cared for by the family child care, a provider, emergency desi…

1. A provider shall ensure safe care for the children receiving services in the provider's family child care. If a confirmed decision made under North Dakota Century Code chapter 50-25.1 or a similar finding in another jurisdiction which requires proof of substantially similar el…

1. A provider shall correct violations noted in a correction order within the following times: a. For a violation of subsection 8 of North Dakota Century Code section 50-11.1-02, North Dakota Century Code section 50-11.1-02.2, section 75-03-08-04, subsection 4 or 11 of section 75…

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; section 75-03-08-09; subsection 1, 2, or 9 of section 75-03-08-14; or section 75-03-08-23, 75-03-08-27, or 75-03-08-28 for each day tha…

An applicant or provider may appeal a decision to deny or revoke a license. A written appeal must be postmarked or received by the department within ten calendar days of the applicant's or provider's receipt of written notice of the decision to deny or revoke the license. Upon re…

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. 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. 1 2. "Application" mea…

1. The issuance of a license to operate a group 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. If an action to revoke a license is appealed, the provider may continue the operation of the group child care pendin…

1. The department may issue a provisional license for the operation of a group 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 license must be submitted to the department. Application must be made in the form and manner prescribed by the department. 2. A license issued under this chapter is nontransferable and valid only for the premises indicated on the license. 3. An application f…

1. The provider of a group child care is responsible for compliance with requirements set forth in the standards and North Dakota Century Code chapter 50-11.1. The provider shall: a. Establish the group child care; b. Apply for a license for the group child care; c. Possess knowl…

1. The number of staff members and their responsibilities must reflect program requirements, individual differences in the needs of the children enrolled, and may permit flexible groupings, if necessary. 2. a. A provider may provide early childhood services for no more than seven…

1. A group child care supervisor must be an adult of good physical, cognitive, social, and emotional health and shall use mature judgment when making decisions impacting the quality of child care. 2. The group child care supervisor shall meet at least one of the following qualifi…

The group child care supervisor, in collaboration with the group child care provider, shall: 1. Plan, supervise, and conduct daily activities in the group child care; 2. Ensure that staff members and children under the age of eighteen shall have adult supervision in the group chi…

teaching children. Staff members 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 Century Code chapter 34-07.…

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. 10 General Authority: NDCC 50-11.1-08 La…

1. If the physical, cognitive, social, or emotional health capabilities of an applicant or staff member appear questionable, the department may require the individual to present evidence of the individual's ability to provide the required care based on a formal evaluation. The de…

1. The provider shall ensure that the group child care is properly lighted. If the lighting of the group child care appears questionable, the department may require the provider to obtain additional lights. 2. The provider shall ensure that safe and comfortable arrangements for n…

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

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…

1. The provider shall ensure that initial and annual fire inspections are completed by local or state fire authorities for all group child cares in which care is provided. The group child care is responsible for any inspection fee. The provider shall have any code violations note…

1. The provider shall ensure that the group child care bathroom sinks, toilets, tables, chairs, and floors are cleaned daily. 2. The provider shall ensure that the group child care building, grounds, and equipment are located, cleaned, and maintained to protect the health and saf…

Each group child care shall provide adequate indoor and outdoor space for the daily activities of all children within the licensed capacity of the group child care. 1. There must be a minimum of thirty-five square feet [3.25 square meters] of appropriate indoor space per child in…

1. The group child care provider shall have a program of daily individual or small group activities appropriate to the ages and needs of the children in the group child care. The program must include activities which foster sound social, cognitive, emotional, and physical growth,…

1. When the provider is responsible for providing food to children, the food supplied must meet United States department of agriculture standards and must be properly prepared, sufficient in amount, nutritious, varied according to the diets of the children enrolled, and served at…

1. The provider shall keep a copy of this chapter on the premises of the group child care and shall make it available to staff members at all times. 2. The provider shall maintain the following records: a. The child's full name, birthdate, and current home address; b. Legal names…

Disregard of any of the following disciplinary rules or any disciplinary measure resulting in physical or emotional injury, neglect, or abuse to any child is grounds for denial or revocation. 1. The group child care must have a written policy regarding the discipline of children.…

1. Infant care. a. Environment and interactions. (1) A group child care serving children from birth to twelve months shall provide an environment which protects the children from physical harm. (2) The provider shall ensure that each infant receives positive stimulation and verba…

A provider shall make appropriate accommodations, 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 from the parent upon the child's enrollment. 1. When a chi…

The group child care must have written plans to respond to illness and emergencies, including burns, serious injury, and ingestion of poison. The provider shall ensure that parents of enrollees are advised of these plans. Plans must: 1. Establish emergency response procedures; 2.…

1. An applicant or provider may not be, and a group child care may not employ or allow, in any capacity that involves or permits contact between the emergency designee, group child care supervisor, staff member, or household member and any child cared for by the group child care,…

1. An operator and provider shall ensure safe care for the children receiving services in the provider's group child care. If a confirmed decision made under North Dakota Century Code chapter 50-25.1 or a similar finding in another jurisdiction which requires proof of substantial…

1. Within ten business days of mailing or within three days of electronic transmission of the correction order, the provider shall notify the parents of each child receiving care at the group child care that a correction order has been issued. In addition to providing notice to t…

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 i of subsection 1 of section 75-03-09-08; section 75-03-09-09 or 75-03-09-17; subsection 6, 9, or 13 of section 75-03-09-18…

An applicant or provider may appeal a decision to deny or revoke a license by filing a written appeal with the department. The appeal must be postmarked or received by the department within ten calendar days of the applicant's or provider's receipt of written notice of the decisi…

Repealed effective January 1, 1999.