North Dakota Administrative Code

Repealed effective January 1, 1999.

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 1. "Annual" is defined as the provider's licensing year. 2. "Application" mea…

1. The issuance of a license to operate a child care center 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 operator may continue the operation of the child care center pendi…

1. The department may issue a provisional license for the operation of a child care center although the applicant or operator 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 owner has fa…

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 parents that the owner is licensed, but is restricted to operat…

An application for a license must be submitted to the department. 1. An applicant shall submit an application for a license 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 a…

1. The number of staff members and their responsibilities must reflect program requirements and individual differences in the needs of the children enrolled, and may permit mixed-age groups, if necessary. Service personnel engaged in housekeeping and food preparation may not be c…

The operator is responsible for compliance with the requirements set forth in this chapter and North Dakota Century Code chapter 50-11.1. The operator shall: 1. Designate a qualified director and shall delegate appropriate duties to the director: a. The operator shall ensure that…

A director shall: 1. 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. Possess knowledge or experience in management and interpersonal relationships; 3. Hold at least …

The director, in collaboration with the operator, shall: 1. Plan, supervise, and conduct daily activities in the child care center; 2. Maintain required enrollment, attendance, health, and other required records; 3. Screen, schedule, supervise, and be responsible for the conduct …

A supervisor shall: 1. 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. Have a demonstrated ability in working with children; 3. Hold at least one of the following qua…

The supervisor, in collaboration with the director, shall: 1. Communicate with parents about the individual needs of their children, including any special concerns the parents may have; 2. Plan daily and weekly schedules of activities and make those plans available to parents; an…

teaching children. 1. Staff members: a. Shall be at least fourteen years of age, provided that each staff member under age sixteen has written parental consent for employment as a staff member, and the employment arrangements comply with North Dakota Century Code chapter 34-07; b…

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

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 December 1, 1981; amended effective January 1, 1987; July…

1. The operator shall establish a written policy governing the transportation of children to and from the child care center, if the child care center provides transportation. This policy must specify who is to provide transportation and how parental permission is to be obtained f…

1. The operator shall establish and post an emergency disaster plan for the safety of the children in care. The operator shall develop written disaster plans in cooperation with local emergency management agencies. The plan must include: a. Emergency procedures, including the ava…

1. The operator shall ensure that annual fire inspections are completed by local or state fire authorities. The operator shall correct or have corrected any code violations noted by the fire inspector and shall file reports of the inspections and any corrections with the departme…

1. The operator shall ensure that in child care centers licensed for more than thirty children, where meals are prepared, comply with the public health division of the department child care food service establishment license requirements pursuant to North Dakota Century Code chap…

1. Each operator shall provide adequate indoor and outdoor space for the daily activities of all children within the licensed capacity of the child care center. 2. Adequate space must include a minimum of thirty-five square feet [3.25 square meters] of space per child indoors and…

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

1. When the operator 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 diets of the children enrolled, and served at app…

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

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 license denial or revocation: 1. The child care center must have a written policy regarding the discipline…

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

An operator shall make appropriate accommodations, as required by the Americans with Disabilities Act, to meet the needs of children with special needs. The child care center shall receive documentation of the child's special needs from the parent upon the child's enrollment. 1. …

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

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

An owner and operator shall ensure safe care for the children receiving services in the child care center. 1. 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. Within ten business days of mailing or within three days of electronic transmission of the correction order, the owner shall notify the parents of each child receiving care at the child care center that a correction order has been issued. In addition to providing notice to the…

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; subsection 2 of section 75-03-10-08; subsection 12 of section 75-03-10-09; section 75-03-10-17; subsection 6, 9, or 13 of section 75-03…

An applicant or operator 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 operator's receipt of written notice of the decisi…

Repealed effective January 1, 1999. 32

Repealed effective January 1, 1999.

Repealed effective January 1, 1999.

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 1. "Annual" is defined as the provider's licensing year. 2. "Application" mea…

1. The issuance of a license to operate a preschool 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 it appl…

1. The department may deny or revoke a license 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 applicant or operator appeals an action to revoke a license, the operator may continue the operation …

1. The department may issue a provisional license for the operation of a preschool although the preschool educational facility applicant or owner fails to, or is unable to, comply with all applicable standards and rules of the department. 2. A provisional license must: a. State t…

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 owner is licensed, but is restricted to op…

1. An applicant shall submit an application for a license 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. An applic…

The operator of a preschool is responsible for compliance with the requirements set forth in this chapter and North Dakota Century Code chapter 50-11.1. The operator shall: 4 1. Designate a qualified director, delegate appropriate duties to the director, and shall: a. Ensure that…

1. A preschool director shall 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 director shall hold at least one of the following qualifications, in addition to th…

A teacher shall: 1. 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 and early childhood education. 2. Hold at least one of the following qualifications: a. A bachelor's …

Each assistant shall: 1. Be an individual of good physical, cognitive, social, and emotional health and use mature judgment when making decisions impacting the quality of child care and early education. 2. Hold either a high school diploma or a high school equivalency. History: E…

1. The number of staff members and their responsibilities must reflect program requirements and individual differences in the needs of the children enrolled, and may permit mixed-age groups, if necessary. Service personnel engaged in housekeeping and food preparations may not be …

The director, in collaboration with the operator, shall: 1. Implement policies and procedures for maintaining compliance with licensing rules; 2. Maintain required enrollment, attendance, health, and other required records; 3. Screen, schedule, supervise, and be responsible for t…

A teacher, in collaboration with the director, shall: 1. Communicate with parents about the individual needs of their children, including any special concerns the parents may have; 2. Plan daily and weekly schedules of activities and make those plans available to parents; and 3. …

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 must receive orientation for all assigned tasks. History: Effective January 1, 2011. General Authority: NDCC 50-11.1-08 Law Im…