North Dakota Administrative Code

Information furnished at the informal conference and grievance meeting is confidential and subject to the provisions of North Dakota Century Code section 50-25.1-11. History: Effective September 1, 1997. General Authority: NDCC 50-25.1-05.4 Law Implemented: NDCC 50-25.1-05.4 2…

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter 50-25.1, except: 1. "Assessment" means an alternative response assessment, child protection assessment, and family services assessment as defined in North Dakota Century Code chapter 50-2…

Reimbursement. The department's authorized agent shall act as designee of the department for the purpose of receiving reports of suspected child abuse or neglect and conducting assessments, except as otherwise provided for by law or as otherwise determined by the department in a …

All nonemergency child abuse or neglect assessments must be initiated within time frames established by the department after receipt of a report by the assessing agency. In cases involving a serious threat or danger to the life or health of a child, the assessment and any appropr…

Assessments of reports of suspected child abuse or neglect must be completed, a decision made, and a written report completed and submitted to the individual designated by the department within sixty-two days from the date of receipt of the report unless an extension of the time …

Repealed effective July 1, 2006.

Assessments of reports of suspected child abuse or neglect must be conducted by the department or its authorized agents in substantial conformity with the policies of the department. Assessments of reports of suspected child abuse or neglect must reflect: 1. An assessment process…

Any authorized agent designated by the department to receive reports and conduct assessments of reports of suspected child abuse or neglect shall adhere to the caseload standards establishing minimum staff-to-assessment ratios. History: Effective September 1, 1990; amended effect…

The department and its authorized agent may exchange or transfer information and records concerning the reports or assessments among and between personnel of each respective agency to the extent necessary to perform the duties and effectuate the purposes set forth in North Dakota…

At the initial contact, the department or its authorized agent shall advise the subject of a report of suspected child abuse or neglect of the specific complaints or allegations made against the individual. History: Effective July 1, 2006. General Authority: NDCC 50-25.1-05 Law I…

The department shall maintain a child welfare certification training program to protect the legal rights and safety of children and families. The training curriculum must include the legal duties of child protection services. Each child protective services worker providing child …

1. The child abuse information index is comprised of three child protection tiers. The highest child protection tier is comprised of the most severe form of maltreatment with the lowest tier consisting of the least severe form of maltreatment. The department shall assign each sub…

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter 50-25.1, except: 1. "Decision" means the conclusion reached by the panel regarding: a. Manner of death listed on the death certificate; b. Whether a death was preventable, nonpreventable,…

1. A panel member may be removed by a majority vote of the panel for: a. A violation of confidentiality; b. A violation of that panel member's professional code of ethics; c. Any criminal violation; d. Resignation from the position which made the panel member eligible for panel m…

1. The panel shall review death certificates of all children whose deaths occurred in North Dakota. Deaths of children which are sudden, unexpected, or unexplained shall receive an indepth review. 2. The department of human services and the state department of health shall collab…

Panel records are confidential and shall be released according to North Dakota Century Code sections 23-02.1-27 and 50-25.1-11, except that third-party information received by the panel may not be rereleased. History: Effective July 1, 2006. General Authority: NDCC 50-25.1-04.2 L…

Those definitions set forth in North Dakota Century Code section 50-25.1-02 are applicable to this chapter. Additionally, in this chapter, unless the context or subject matter requires otherwise: 1. "Criminal justice agencies" means the state highway patrol, a county sheriff's de…

The department's authorized agent shall act as designee of the department for the purpose of receiving reports of infants abandoned under the provisions of chapter 75-03-19 and North Dakota Century Code section 50-25.1-15. Upon receipt of a report of an infant abandoned under Nor…

Approved locations for relinquishing an infant with an on-duty staff member under this chapter is limited to the following physical locations, as well as the offsite location of on-duty staff members of the following: 1. Local public health units; 1 2. Human service zones; 3. Reg…

When an infant is born and abandoned at birth while remaining at the same hospital, the infant will be considered an abandoned infant under this chapter when the parent of a child in that parent's custody fails to arrange for the child's discharge within ten days after the child …

1. "Accrual basis" means the recording of revenue in the period when it is earned, regardless of when it is collected, and the recording of expenses in the period when incurred, regardless of when they are paid. 2. "Addiction evaluation" means an assessment by an addiction counse…

1. Records. a. The center will maintain on the premises census records and financial information which will be sufficient to provide for a proper audit or review. For any cost being claimed on the cost report, sufficient data must be available as of the audit date to fully suppor…

1. For ratesetting purposes, a cost must: a. Be ordinary, necessary, and related to client care; b. Be no more than an amount which a prudent and cost-conscious business person would pay for the specific good or service in the open market in an arm's length transaction; and c. Be…

1. The established rate is based on prospective ratesetting procedures. The establishment of a rate begins with historical costs. Adjustments are then made for claimed costs which are not includable in allowable costs. Adjustment factors are then applied to allowable costs. No re…

1. A daily census record must be maintained by the center. Any day for which services are provided or payment is ordinarily sought for an available bed must be counted as a client day. The day of admission or death must be counted. The day of discharge must be counted if payment …

1. Administration. Costs for administration include only those allowable costs for administering the overall activities of the center identified as follows: a. Compensation for administrators, regional directors, program directors, accounting personnel, clerical personnel, secret…

1. Direct costing of allowable costs will be used whenever possible. If direct costing is not possible and the center has more than one license or has services which are jointly used for administration, education, maintenance, rehabilitation, or nonclient activities, the followin…

Nonallowable costs include, but are not limited to: 1. Promotional, publicity, and advertising expenses, exclusive of personnel procurement; 2. Political contributions; 3. Salaries or expenses of a lobbyist; 4. Basic research; 5. Fines or penalties including interest charges on t…

1. Ratesetting principles require that payment for services should 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 center, but are in use at…

To be allowable under the program, interest must be: 1. Supported by evidence of an agreement that funds were borrowed and that payment of interest and repayment of the funds are required. Repayment of operating loans must be made within two years of the borrowing. 2. Identifiabl…

incurred during the construction of an asset must be capitalized as a part of the cost of the asset. b. All repair or maintenance costs in excess of five thousand dollars per project on equipment or buildings must be capitalized and depreciated over the remaining useful life of t…

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

1. Costs applicable to services, facilities, and supplies furnished to a center 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 mark…

In the first stages of operation, a new center incurs certain costs in developing its ability to care for clients prior to their admission. Staff is obtained and organized, and other operating costs are incurred during this time of preparation which cannot be allocated to client …

1. Reasonable compensation for a person with a minimum of five percent ownership, persons on the governing board, or any person related within the third degree of kinship to top management personnel must be considered an allowable cost if services are actually performed and requi…

Centers must identify income to offset costs where applicable in order that state financial participation not supplant or duplicate other funding sources. Any income whether in cash or in any other form which is received by the center, with the exception of the established rate a…

1. The department's rate will not exceed the full rate charged to nondepartmental or private pay clients for the same service. The rate being charged nondepartmental or private pay clients at the time the services were provided will govern. In cases where the clients are not char…

1. Reconsiderations. a. A center dissatisfied with the final rate established must request a reconsideration of the final rate before a formal appeal can be made. Any requests for reconsideration must be filed with the department's division of mental health services for administr…

In this chapter, unless the context or subject matter otherwise requires: 1. "Abuse" means any willful act or omission of a caregiver or any other individual which results in physical injury, mental anguish, unreasonable confinement, sexual abuse, or exploitation to or of a resid…

1. An application for a license to operate a facility must be made to the department. 2. An application must be made in the form and manner prescribed by the department. 3. An application for a license must be filed immediately upon change of provider or location. 4. An applicati…

1. Issuance of a license to operate a facility indicates compliance with the required standards, rules, and laws at the time of issuance. 2. A license is nontransferable. 3. A license is valid only for the individual or individuals named and the premises described on the license.…

1. The facility must be: a. Free of warped or damaged floors, loose or unsecured floor coverings, loose tiles, broken or damaged windows, loose or broken handrails, broken light bulbs, and other hazards that would affect the safety of an adult residing in the facility; b. Maintai…

1. Septic tanks or other nonmunicipal sewage disposal systems must comply with chapter 62-03.1-03, private sewage disposal systems. 2. Rubbish, garbage, and other refuse must be stored in readily cleanable containers and removed from the facility at least every second day. Rubbis…

1. Pets not confined in enclosures must not present a danger to a resident or the resident's guests based upon the size, temperament, or obedience of the pet. Proof of pet vaccination is required and shall be submitted to the department. 2. The facility must be located where a co…

The provider shall maintain liability insurance, uninsured motorist coverage, and underinsured motorist coverage, according to the terms and conditions of North Dakota Century Code sections 39-16.1-11, 26.1-40-15.2, and 26.1-40-15.3, on all vehicles operated by the provider or me…

1. The provider shall: a. Be twenty-one years of age or older; b. Live continuously in the facility; c. Possess the physical health necessary to provide care; d. Be literate and capable of understanding instructions and communicating in the English language; e. Be free of communi…

1. A physician, registered nurse, occupational therapist, physical therapist, or other individual with a professional degree in specialized areas of care shall verify in writing, on forms furnished by the department, that a provider is competent to perform each procedure specifie…

1. The provider: a. Shall permit a representative of the department, human service zone, or other individual or organization serving a resident entry into the facility without prior notice; b. Shall provide information about the residents to the department, human service zone, or…

1. An applicant may not be an individual who has, and may not permit an individual, except a resident, to reside in the facility or act as a caregiver in the facility if the individual has been found guilty of, pled guilty to, or pled no contest to: a. An offense described in Nor…

1. A substitute caregiver provider: a. Must be eighteen years of age or older; b. May not be a resident; c. Must possess qualifications of a provider specified in subsections 1 and 2 of section 75-03-21-08 excluding subdivision b of subsection 1 of section 75-03-21-08; and d. Suc…