North Dakota Administrative Code

1. General principles. Ratesetting principles require that payment for services must include depreciation on all depreciable type assets that are used to provide necessary services. This includes assets that may have been fully or partially depreciated on the books of the facilit…

Any questions regarding cost allowability and limitations are governed by title IV-E of the Social Security Act [42 U.S.C. 670 et seq.] and 45 CFR part 74, unless further limited by this chapter. The department sets rates under this chapter for not-for-profit organizations only a…

1. Upon written application, and good cause shown to the satisfaction of the department, the department may grant a variance from the provisions of this chapter upon terms the department may prescribe, except no variance may permit or authorize a danger to the health or safety of…

1. Review. a. A facility may request a review of denial of payment by filing a written request for review with the department within thirty days of the date of the department's denial of payment. The written request for review must include the notice and a statement of each dispu…

1. "Accredited" means to be accredited and in good standing by an independent, not-for-profit accreditation organization approved by the United States department of health and human services and the department, including the commission on accreditation of rehabilitation facilitie…

1. Application. An application for license or for renewal as a facility must be submitted to the department. The department shall determine the suitability of the applicant for licensure under this chapter. The application must contain any materials the department may require, in…

1. Governing body. The applicant must have a governing body that designates or assigns responsibility for the operation, policies, program, and practice of the facility. The governing body shall: a. Define: (1) The facility's philosophy; (2) The facility's purpose; (3) The facili…

1. A child may be admitted to a psychiatric residential treatment facility for children if: a. The child has been diagnosed by a psychiatrist or psychologist as suffering from a mental illness or emotional disturbance; b. The child's situation meets the definition of serious risk…

1. Duties of the facility. The facility shall: a. Provide for a medical, psychiatric, and psychological assessment of each child no later than seventy-two hours after admission; b. Immediately include family and custodians in the active treatment; c. Involve the families and the …

A facility shall have written policies and procedures regarding implementation of special treatment procedures. Special treatment procedures must be therapeutic and meaningful interventions and may not be used for punishment, for the convenience of employees, or as substitute for…

The facility shall institute policies and procedures to address the medical care for each child during placement at the facility, including: 1. Medical examination. Each child must have a medical examination within thirty days prior to admission or within seventy-two hours of adm…

Each child shall have an annual dental examination. If a child has not had an examination in the twelve months prior to admission, an examination must be scheduled within ninety days of admission. History: Effective December 1, 1989; amended effective September 1, 1998; April 1, …

1. Sleep. Each child must receive enough sleep for the child's age at regular and reasonable hours, and under situations conducive to rest. 2. Personal hygiene. The facility shall educate children on age-appropriate hygiene. 3. Bathing facilities. The facility shall maintain prop…

1. Public education. Any primary or secondary program offered by a facility must be in compliance with standards established by the department of public instruction. The facility shall ensure that children comply with all state school attendance laws. 2. Employee training. The fa…

Children may not be solely responsible for any major phase of the facility's operation or maintenance, including cooking, laundering, housekeeping, farming, or repairing. History: Effective December 1, 1989; amended effective September 1, 1998; April 1, 2008. General Authority: N…

1. Discharge planning for each child must begin during the admission process. The facility shall develop an evolving discharge plan within seven days of admission that identifies the child's and family's needed services and supports upon discharge and include the discharge plan i…

When a facility confirms that a child's whereabouts are unknown, the facility shall immediately notify law enforcement officials and the individual who may lawfully act on behalf of the child. The child's return must be reported immediately to law enforcement and the individual w…

1. All employees, including nonemployees, must be in good health and physically and mentally capable of performing assigned tasks. 2. All employees must have a health screening that includes a test for tuberculosis, performed by or under the supervision of a physician not more th…

1. The ratio of employee to children must meet the standards of the facility's accredited body and be included in the facility's policies and procedures. The facility shall follow the employee-to- child ratio set by its accrediting body, or the ratios set forth in this subsection…

1. The facility shall have clearly written personnel policies. The policies must be made available to each employee and nonemployee and must include: a. An employee training and development plan; b. Procedures for reporting suspected child abuse and neglect for employees and none…

1. All facility employees and nonemployees, upon hire and annually thereafter, shall certify having read the law requiring the reporting of suspected child abuse or neglect, North Dakota Century Code chapter 50-25.1, and having read and received a copy of the facility's written c…

1. A facility operator may not be, and a facility may not employ, in any capacity that involves or permits contact between the employee, contracted service providers, or nonemployee and any child cared for by the facility, an individual who is known to have been found guilty of, …

1. The facility's employees shall include: a. An executive director who has a bachelor's degree in a behavioral science, or a bachelor's degree in any field and two years of experience in administration; b. A program director who has a bachelor's degree in social work, psychology…

1. Compliance with fire, sanitation, and zoning standards. An applicant shall demonstrate compliance with applicable state or local fire, sanitation, and zoning standards. The premises to be used must be in fit, safe, and sanitary condition and properly equipped to provide good c…

1. The facility shall comply with the interstate compact on the placement of children and the interstate compact for juveniles. 2. All placements from any state which has not adopted the interstate compact on the placement of children or the interstate compact on juveniles must c…

1. Right to apply for license. An applicant has the right to apply to receive a license to operate a facility under this chapter. 2. Entry and inspection. a. The department may evaluate a facility's compliance with this chapter at any time through: (1) An announced or unannounced…

1. A facility may not increase or decrease bed capacity without approval of the department. A facility requesting a bed capacity change shall submit a request to the department licensor. To qualify for an increase, a facility must: a. Be in compliance with this chapter. b. Submit…

1. The facility shall have a written policy outlining the documentation of incidents that occur while the resident is in placement. The policy must include: a. A description of an incident as an unplanned occurrence that resulted or could have resulted in injury to an individual …

1. The department may require immediate correction of a condition that threatens the life or safety of a resident. 2. The facility shall submit to the department a plan of corrective action within thirty days of receiving the licensure visit report. The facility shall be allowed …

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. "Assessing agency" means the human service zone where the report of suspected abuse or neglect is assessed, or, in certain instances, the department. 2. "Assessment" is the factfinding process designed to provide information which enables a decision to be made whether a child …

1. The subject of an assessment of suspected child abuse or neglect who is aggrieved by the result of the assessment or child protection tier designation may file an appeal. 2. A staff member of child protection services shall notify the subject in writing of the decision resulti…

A request for an appeal must be in writing on forms developed and provided by the department. The subject shall submit the written request for an appeal and formal hearing to: Appeals Supervisor North Dakota Department of Human Services State Capitol - Judicial Wing 600 East Boul…

An appeal may not be filed before the date of an assessment decision or child protection tier designation and must be received by the department within thirty days after the documented date of the subject notification of the decision in accordance with procedures in chapter 75-01…

This chapter shall be construed to encourage informal, mutually consensual meetings or discussions between the subject and the assessing agency. Such informal review will not suspend or extend the time for filing an appeal pursuant to section 75-03-18-04. History: Effective Septe…

Repealed effective November 1, 1994.

The formal hearing must be conducted in substantial conformity with applicable provisions of chapter 75-01-03. 2 History: Effective September 1, 1990; amended effective November 1, 1994; January 1, 1996; January 1, 1996, amendments voided by the Administrative Rules Committee eff…

1. The hearing must be conducted according to any fair treatment standards adopted by the legislative assembly or the supreme court for the protection of witnesses or children in court proceedings. 2. If any child is to be called as a witness during the appeal hearing, whether fo…

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

1. Information furnished at any informal conference, grievance meeting, and formal hearing is confidential and subject to the provisions of North Dakota Century Code sections 50-06-15, 50-25.1-11, and 50-25.1-14. 2. The identity of a reporter of any incident of suspected abuse an…

1. Any privilege of communication between husband and wife or between any professional person and that person's patient or client, except between attorney and client or involving members of the clergy acting as spiritual advisers, does not constitute grounds for the exclusion of …

Neither a request for appeal under this chapter nor an appeal from that decision under North Dakota Century Code chapter 28-32 shall be construed to suspend the requirement to provide services during the time of the appeal until such time as a final decision overturning the case …

If an assessment decision is reversed on appeal under this chapter or under North Dakota Century Code chapter 28-32, a notation of the fact that the finding was reversed must be added to the record and the department may not place the subject on the child abuse information index.…

1. "Department" means the North Dakota department of human services. 2. "Director" means the director of the human service zone or the director's designee. 3. "Subject" means a person responsible for the child's welfare as defined by North Dakota Century Code section 50-25.1-02. …

Only the subject of a report of suspected child abuse or neglect who is aggrieved by the conduct of the assessment may file a grievance. History: Effective September 1, 1997. General Authority: NDCC 50-25.1-05.4 Law Implemented: NDCC 50-25.1-05.4

1. The grievance must be in writing on forms developed and provided by the department and must contain a succinct statement of the grievant's objections to the conduct of the assessment. 2. A grievance must be filed with the director of the human service zone which provided the w…

1. If a grievance is filed, the human service zone completing the assessment shall schedule a grievance meeting with the subject. This meeting must be held within ten days of the director's receipt of the written grievance. The director shall preside at the grievance meeting. 2. …

Within ten days after conclusion of the grievance meeting, the director shall prepare a written summary of the meeting and the resolution of the grievance. The written summary must be based on the files, records, and information received at the grievance hearing. The written summ…

This chapter must be construed to encourage informal, mutually consensual conferences or discussions between the subject and the assessing agency. Such informal conferences may not suspend or extend the time for filing a grievance under this chapter or for filing an appeal under …