Title 25, Mental and Physical Illness or Disability
27 chapters · 274 sections in this title.
N.D.C.C. § 25-03.2-01 Definitions
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In this chapter, unless the context otherwise requires: 1. "Child" or "children" means a person or persons under the age of twenty-one. 2. "Clinical supervision" means the oversight responsibility for individual treatment plans and individual service delivery. 3. "Department" mea…
N.D.C.C. § 25-03.2-02 License required
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The operator of a publicly or privately operated psychiatric residential treatment facility for children shall meet the requirements for licensure and shall secure a license from the department.
N.D.C.C. § 25-03.2-03 Requirements for license
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The department shall issue a license for the operation of a psychiatric residential treatment facility for children upon a showing that: 1. The premises to be used are in fit, safe, and sanitary condition and properly equipped to provide good care and treatment; 2. The program di…
N.D.C.C. § 25-03.2-03.1 Moratorium on expansion of psychiatric residential treatment facility for children bed capacity - Exchange of bed capacity
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1. Notwithstanding sections 25-03.2-03 and 25-03.2-08, unless a needs assessment conducted by the department indicates a need for the licensing of additional bed capacity, the department may not issue a license under this chapter for any additional bed capacity for a psychiatric …
N.D.C.C. § 25-03.2-04 Conviction not bar to licensure - Exceptions
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Conviction of an offense by an owner or operator of a facility does not disqualify the psychiatric residential treatment facility for children from licensure unless the department determines that the offense has a direct bearing upon a person's ability to serve the public as an o…
N.D.C.C. § 25-03.2-04.1 Criminal history record investigation - Fingerprinting required
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1. Each psychiatric residential treatment facility for children 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 info…
N.D.C.C. § 25-03.2-05 Content of license
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The license to operate a psychiatric residential treatment facility for children must specify: 1. The name of the licensee. 2. The premises to which the license is applicable. 3. The number of children who may be received in the premises at any one time. 4. The date of expiration…
N.D.C.C. § 25-03.2-06 Admission criteria
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A child may be admitted to a psychiatric residential treatment facility for children if: 1. The child has been diagnosed by a psychiatrist or psychologist as suffering from a mental illness or emotional disturbance; 2. The child's situation meets the definition of serious risk of…
N.D.C.C. § 25-03.2-07 Method of providing service
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A psychiatric residential treatment facility for children shall provide for the development of an individual treatment plan, based upon a comprehensive interdisciplinary diagnostic assessment, which includes the role of the family, identifies the goals and objectives of the thera…
N.D.C.C. § 25-03.2-08 Revocation or denial of license
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The department may revoke a license or deny an application for a license under this chapter if: 1. Any requirement and condition of this chapter for the issuance of a license is not met, or has ceased to be met; 2. The license was issued or requested upon fraudulent or untrue rep…
N.D.C.C. § 25-03.2-09 Hearing on denial or revocation of license
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In any case in which the department determines that a license should be revoked or an application for a license should be denied, written reasons for the revocation or denial must be provided to the licensee or applicant. The licensee or applicant is entitled to a hearing before …
N.D.C.C. § 25-03.2-10 Department may adopt rules
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The department may adopt rules for the conduct of psychiatric residential treatment facilities for children and shall adopt rules defining which professionals may provide clinical supervision and review, and may develop, update, and sign an individual treatment plan within a psyc…