In accordance with section 12-60-24, the department may require criminal history record checks as the department determines appropriate for: 1. Job applicants of the department and employees of the department as part of contingent offer of employment; 2. Job applicants of the human service zone, current employees of the human service zone and department, and the department's and human service zones' contractors and contractors' subcontractors job applicants and current employees that may have
access to federal tax information received from the United States internal revenue service through a computer match and stored in the department's eligibility system; 3. A criminal history record check conducted under subsections 1 and 2 is valid for five years, after which the department shall require another criminal history record check on employees of the department, human service zones, and the department's and human service zones' contractors and contractors' subcontractors that may have access to federal tax information received from the United States internal revenue service through a computer match and stored in the department's eligibility system; 4. The department's and human service zones' contractors and contractors' subcontractors job applicants and current employees of contractors and contractors' subcontractors that may have access to social security administration information received from the United States social security administration stored in the department's eligibility system; 5. Providers licensed by the department under chapter 50-12, as well as for any employees, volunteers, or students for field placement of those providers who have direct contact with families, with children, or both; 6. Providers holding, applicants for, and emergency designees and staff members of providers holding and applicants for early childhood services licensure, self-declaration, or in-home provider registration under chapter 50-11.1. The department also may require criminal history record checks for household members of a residence out of which early childhood services within the provider's home are provided; 7. Medicaid services applicant providers, Medicaid services providers, or an individual with a five percent or more direct or indirect ownership interest in the applicant provider or provider under chapter 50-24.1; 8. An operator of a facility licensed by the department under chapter 25-03.2, as well as any individual employed by the facility, contracted service provider of the facility, and nonemployee of the facility, having contact with any child cared for by the facility; and 9. Providers, applicants for, and employees of a shelter care program certified by the department under chapter 50-06.
50-06-01.10. Shelter care criminal history record investigation - Fingerprinting required. 1. Each shelter care program shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from any individual employed by the shelter care program. 2. The shelter care program shall assure information obtained under subsection 1 is provided to the department. 3. Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department shall submit the information and fingerprints to the bureau of criminal investigation. The department shall provide a copy of the state criminal history record information response received from the bureau of criminal investigation to the shelter care program or authorized agent making the request. 4. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of a response, provide the response of the federal bureau of investigation to the department. The bureau of criminal investigation also shall provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department. 5. Upon request by the provider or employees of a provider, a law enforcement agency shall take fingerprints of individuals described in this section if the request is made for purposes of this section. 6. The department shall pay the cost of securing fingerprints, any criminal history record information made available under chapter 12-60, and a nationwide background check for each shelter care provider.
7. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting. 8. A criminal history record investigation completed under this section may be used to satisfy the criminal history record investigation requirements of sections 25-03.2-03, 50-06-01.9, 50-11-06.8, 50-11.3-01, and 50-12-03.2. The federal bureau of investigation's criminal history record investigation obtained from one criminal history record investigation purpose may not be reused to satisfy the requirements for another federal bureau of investigation's criminal history record investigation for a different purpose. 9. Before certifying a shelter care program and during the shelter care program operation, the department shall seek a criminal history record when required by this section. The department, in accordance with the rules of the department, shall consider any criminal history information available at the time a decision is made for certification and during the operation of the certified shelter care program. 10. "Shelter care program" means a nonsecure permanent dwelling run by an agency with certification obtained by the department, where employees offer safe shelter, food, and structured routine and is available twenty-four hours a day to a resident age ten to eighteen years old in need of temporary safe out-of-home emergency placement, not to exceed seven days, unless otherwise approved by the department.