North Dakota Administrative Code

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

The school-age child care program shall have written plans to respond to illness, accidents, and emergencies, including burns, serious injury, and ingestion of poison. The operator shall ensure that parents of enrolled children are advised of these plans. Plans must: 1. Establish…

1. An applicant, operator, director, or supervisor may not be, and a school-age child care program may not employ or allow, in any capacity that involves or permits contact between the emergency designee, substitute staff member, staff member, or household member and any child ca…

An operator shall ensure safe care for the children receiving services in the school-age child care program. 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 …

1. Within ten business days of mailing or three days of electronic transmission of a correction order, the owner shall notify the parents of each child receiving care at the school-age child care program that a correction order has been issued. In addition to providing notice to …

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 13 of section 75-03-11.1-08; section 75-03-11.1-09; subsection 2, 3, 10, or 20 of section 75-03-11.1-18; or section 75-03-11…

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

Repealed effective January 1, 1999. 28

"Alleged father" means an individual identified by the genetic mother of an adopted person as the genetic father of the adopted person. History: Effective March 1, 1984. General Authority: NDCC 14-15-16(2)(a), 50-06-16 Law Implemented: NDCC 14-15-16(2)(a)

Information which corroborates an allegation of paternity includes information in the form provided for in subsection 4 of North Dakota Century Code section 14-15-16, and also includes: 1. Written communications from the alleged father to the genetic mother, child-placing agency,…

A licensed child-placing agency must secure and disclose nonidentifying information concerning an alleged father, when that information is not a part of the files and records of the agency or of the North Dakota department of human services, only if those files and records contai…

Those definitions set forth in North Dakota Century Code section 50-11-00.1 are applicable to this chapter. Additionally, in this chapter, unless the context or subject matter requires otherwise: 1. "Authorized licensing agent" means the department or entity identified or license…

1. Application to provide foster care for children license, certification, or approval must be made as prescribed by the department. 2. The licensing or certification process requires completion and documentation of the following items: a. Application; b. Intial background check;…

The foster care provider shall reside in a dwelling occupied by an individual or a single family. The foster care provider's dwelling must be in compliance with applicable state or local zoning requirements and must meet the following criteria: 1. General dwelling areas must incl…

1. An applicant for licensure, certification, or approval must: a. Be age twenty-one years or greater; 4 b. Be financially stable with reasonable income or resources available to the foster care provider to properly care for children; and c. Have functional literacy, demonstratin…

certification, or approval. 1. The department requires an initial fingerprint-based criminal background check for each applicant and adult household member residing in the dwelling. Subsequent fingerprint-based background checks are not required when a foster care provider mainta…

Foster care providers shall ensure the health and safety of children placed in their dwelling and provide a safety service to best meet the needs of the child in foster care. The provision of service may be accomplished in many ways, including meeting the daily needs of the child…

Repealed effective April 1, 2024.

Repealed effective April 1, 2024.

Repealed effective April 1, 2024.

Applicants who meet the definition of identified relative, who apply to be an identified relative foster care provider shall comply with this chapter and standards for relative licensing prescribed by the department. The department may grant a waiver from a provision of this chap…

Applicants who apply to be a certified foster care provider offering time limited foster care for children shall comply with the standards for certification prescribed by the department. History: Effective April 1, 2024. General Authority: NDCC 50-11-03 Law Implemented: NDCC 50-1…

1. "Agency" means the entity applying for or receiving a shelter care program certification. 2. "Attendant care" means a site for juveniles who are cited or citable by law enforcement and need constant short-term supervision on a preadjudicatory basis. 3. "Incident" means an even…

1. An agency may not apply for a shelter care program certification until the department has reviewed the need for additional shelter care programs. To enable the department to make a determination of need for a new shelter care program, the potential applicant shall submit an in…

The department shall establish the fee for service for shelter care programs. The shelter care program shall enter a financial contract with the department and other eligible referral agencies seeking placement into the shelter care program. History: Effective January 1, 2022; am…

The shelter care program shall: 1. Ensure the shelter care program is funded, staffed, and equipped in a manner required for the provision of services; 2. Provide the most recent fiscal year end financial record to the department, upon request; 3. Employ a qualified supervisor of…

1. The shelter care program clearly shall define, in writing, the roles and responsibilities of the employees and nonemployees assuring the health and safety of the resident and coordination of the resident's safe return to the custodian, parent, or guardian. 2. The shelter care …

or employment or placement by agency. 1. The department requires an initial fingerprint-based criminal background check for each employee with direct contact with residents and a criminal background check for each nonemployee with direct contact with residents. Subsequent fingerp…

Shelter care programs shall provide training to employees and nonemployees which includes: 1. Initial orientation topics of: a. Overall general shelter care program policy and procedures; b. Resident's emotional and physical needs; c. Resident's daily routine, activities, transpo…

A shelter care program shall comply with all state, county, and local building, zoning, safety, and sanitation laws, codes, and ordinances. The shelter care program may install automatic sprinklers in bedrooms, hallways, and areas required by the fire code. If an automatic sprink…

1. A shelter care program shall have written resident admission and discharge policies and procedures that describe: a. The eligibility and criteria for admitting a resident; b. Procedures for completing initial screenings upon admission, including: (1) Mental health screening; a…

Upon placement, a resident's file is confidential and must be protected from unauthorized examination unless permitted or required by law or regulation. The shelter care program shall adopt a policy regarding the retention of the resident file. The resident file must include: 1. …

1. The shelter care program shall comply with all sections of this chapter, in order to maintain certification from the department. The department may issue a correction order if the shelter care program violates any provision of this chapter. 2. The department may require immedi…

1. The shelter care program must have written policy outlining the documentation of incidents and sentinel events that occur while the resident is in placement. The policy must include: a. Reporting procedures of an incident as an unplanned occurrence that resulted or could have …

1. The department may deny or revoke a shelter care program certification if the: a. Application contains fraudulent information, an untrue representation, or is incomplete; 13 b. Agency or shelter care program has violated any applicable provision of North Dakota Century Code ch…

Upon written application and good cause shown to the satisfaction of the department, the department may grant a variance regarding a specific provision of this chapter upon such terms as the department may prescribe, except no variance may permit or authorize a danger to the heal…

1. "Administration" means the cost of activities performed by the facility employees in which the direct recipient of the activity is the organization itself. These include fiscal activities, statistical reporting, recruiting, and general office management which are indirectly re…

1. Facilities are eligible for payment rates contingent upon the following: a. The facility has a current license, issued pursuant to the provisions of chapter 75-03-40; b. The facility has a contract with the department authorizing payment; c. The facility is in compliance with …

1. A facility shall maintain a daily resident census record. The facility shall count any day for which services are provided, including the day of discharge, as one day for the resident census. The day of admission or death must be counted. 2. A facility shall prepare and mainta…

1. The department shall determine the payment rates. Payment rates are developed in three parts: a. A base rate; b. Difficulty of care rate; and c. Performance-based contracting options. 3 2. Base rates established by the department include facility financial components of direct…

Cost allocation methods described in this section must be used. 1. Salaries that cannot be reported based on direct costs are to be allocated using time studies. Time studies must be preapproved by the department and must be conducted at least semiannually for a two-week period o…

Repealed effective October 1, 2021.

1. Maintenance rate. Rates include allowable costs described in this subsection. a. Salary and fringe benefits for direct care employees, which must be limited to: (1) The direct care supervisors; (2) Direct care employees; (3) Family engagement specialists performing aftercare s…

Repealed effective October 1, 2021. 7

Repealed effective October 1, 2021.

The department shall require facilities to submit financial records inclusive of revenue offsets for financial auditing and rate adjustments. Facilities shall identify income to offset costs, where applicable, so that state financial participation does not supplant or duplicate o…

1. Costs applicable to services, facilities, and supplies furnished to a facility by a related organization may not exceed the lower of the costs to the related organization or the price of comparable services, facilities, or supplies purchased elsewhere primarily in the local ma…

1. Home offices of chain organizations vary greatly in size, number of locations, employees, mode of operations, and services furnished to member facilities. Although the home office of a chain is normally not a facility in itself, the home office may furnish to the individual fa…

Repealed effective October 1, 2021.

1. Taxes assessed against the facility in accordance with the levying enactments of several states and lower levels of government and for which the facility is liable for payment are allowable costs. 9 2. Whenever exemptions to taxes are legally available, the facility shall take…