Title 50, Public Welfare

The purpose of this chapter is to assure that children receiving early childhood services be provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to their age and capabilities, so as to safeguard the health, safety, and development of those …

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Applicant" means the person applying for a license to operate early childhood services as an owner of an early childhood program, self-declaration, or registered in-home provider. 2. "Child care…

1. Except as provided under subsection 2, for the purpose of determining the number of children receiving early childhood services, all children present on the premises and under the age of twelve years must be counted for an in-home, self-declaration, family child care, group ch…

As provided by section 23-12-10, smoking is not permitted on the premises where early childhood services are provided. For purposes of sections 23-12-09 and 23-12-10, a person providing early childhood services as a registrant or pursuant to a self-declaration is considered a chi…

The department shall adopt rules to require a staff member of an early childhood service provider who is responsible for the care or teaching of children under the age of one to annually complete a department approved safe sleep training course. 50-11-02.4. Early childhood servic…

1. A license for family child care is required if early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of …

1. An application for operation of an early childhood program must be made on forms provided, in the manner prescribed, by the department. The department shall investigate the applicant's activities and proposed standards of care and shall make an inspection of all premises to be…

An in-home provider may apply for a registration document from the department. The department shall determine whether the applicant meets the standards and shall issue or deny a registration document based upon that determination. A registration document for an in-home provider m…

Conviction of an offense does not disqualify an individual from licensure, self-declaration, or registration under this chapter unless the department determines: 1. The offense has a direct bearing upon the individual's ability to serve the public as the owner or operator of an e…

1. Upon a determination by the department a criminal history record check is appropriate, the following individuals are to obtain two sets of the individual's fingerprints from a law enforcement agency or other local agency authorized to take fingerprints: a. A provider holding o…

1. The department at any time may investigate and inspect an early childhood program, or a holder of a self-declaration or registration document and the conditions of their premises, the qualifications of current and prospective staff members, of any in-home provider or applicant…

After each inspection or reinspection, the department, by mail or electronic mail, shall send copies of any correction order or notice of noncompliance, to the owner and operator of the early childhood program or holder of a self-declaration.

1. If the department finds, upon inspection, the program, self-declaration, or premises is not in compliance with this chapter or the rules adopted under this chapter, the department may issue a correction order to the licensee or holder of a self-declaration, provided the depart…

The department shall reinspect or review an early childhood program or holder of a self-declaration that was issued a correction order under section 50-11.1-07.2, at the end of the period allowed for correction. If, upon reinspection or review, the department determines the progr…

If the department issues a notice of noncompliance with a correction order to an early childhood program or holder of a self-declaration, the department shall assess fiscal sanctions in accordance with a schedule of fiscal sanctions established by rules adopted by the department …

A licensee or holder of a self-declaration promptly shall notify the department in writing if a violation noted in a notice of noncompliance is corrected. Upon receipt of written notice by the department, the daily fiscal sanction assessed for the violation must stop accruing. Th…

Fiscal sanctions assessed pursuant to this chapter are payable twenty days upon mailing or fifteen days upon electronic transmission of the notice of noncompliance and at fifteen-day intervals thereafter, as the fiscal sanctions accrue. Recovery of an assessed fiscal sanction mus…

Any fiscal sanction which is collected for any violation of this chapter or of rules adopted pursuant to this chapter must be paid into the state treasury for the general fund, after the costs of recovering the fiscal sanction are deducted therefrom.

1. The department may: a. Suspend a license, self-declaration, or registration document at any time after the onset of a child abuse and neglect assessment alleging the owner or staff, the holder of a self-declaration, or the in-home provider: (1) Committed child abuse, including…

The department may: 1. Establish reasonable minimum standards for the operation of early childhood programs, self-declaration, and the registration of in-home providers. In appropriate circumstances and upon good cause shown, specific minimum standards may be substituted by alter…

1. The department may revoke the license, self-declaration, or registration document of any provider upon proper showing of any of the following: a. Any of the applicable conditions set forth in sections 50-11.1-04, 50-11.1-06, and section 50-11.1-17 as prerequisites for the issu…

Before the department may deny any application for a license, four-year old program approval, self-declaration, or registration document under this chapter or before the department may revoke any license, four-year old program approval, self-declaration, or registration document,…

No agency of state or local government may purchase early childhood services, including care provided by or in the home of a relative, unless the early childhood program is licensed, registered, or approved by the department.

1. The department may make grants to public and private nonprofit entities for the planning, establishment, expansion, improvement, or operation of early childhood services. Public or private nonprofit entities may apply to the department for funding. Applicants shall apply for g…

The department may seek injunctive action against an individual who provides early childhood services for which licensure is required, a licensee, holder of a self-declaration, or in-home provider in the district court through proceedings instituted by the attorney general on beh…

Any person, partnership, firm, corporation, limited liability company, association, or organization who violates any of the provisions of this chapter is guilty of a class B misdemeanor.

1. An individual who provides early childhood services to any child, other than a child who is a member of that individual's household, is guilty of a class B misdemeanor if: a. Those services are provided after that individual is required to register as a sexual offender; b. The…

1. The department may establish a statewide system to build systematic early childhood workforce voluntary training which may include various learning formats, a professional registry, certificates, and specializations. 2. The department may charge reasonable fees for all trainin…

1. The department shall provide voluntary, progressive training opportunities leading to credentials and shall provide supports for the early childhood workforce. The department shall implement a registry to track workforce participation. 2. The department shall implement a volun…

1. The early childhood services advisory board is composed of seven members appointed by the commissioner of the department. The members of the board must include a broad-based geographically distributed membership. The term of office is four years expiring on July thirty-first w…

1. a. An application for self-declaration is voluntary. If an individual applies for self-declaration from the department, the department shall determine whether the standards for self-declaration have been met and shall approve or deny a self-declaration based upon that determin…

1. Applications for self-declarations must be made on forms provided and in the manner prescribed by the department. The department shall investigate the applicant and every individual living in the private residence and shall conduct a background check. The department shall cond…

1. The department may establish an early childhood inclusion support services program for providers that provide care for children with disabilities, special needs, or developmental delays. The early childhood inclusion support services program may offer direct payments and techn…

If an early childhood program under this chapter has sufficient indoor recreation space, the department may not require outdoor play space.

1. A person or school district operating or seeking to operate a four-year old program may request approval for a two-year period of the four-year old program from the department. The department shall approve a four-year old program if the program: a. Is taught by individuals lic…

1. A program deemed eligible under section 50-11.1-23 may submit an application for the best in class program. An approved program is eligible for an annual award based on program characteristics as established by the department, including approved group size. The award must be m…

1. An approved four-year old program, federally funded head start program, or early childhood program may submit, in the form and manner prescribed by the department, an application to the department under section 50-11.1-22, if the provider certifies to the department the provid…

The department shall implement a uniform system for the accounting, budgeting, and reporting of data by any approved best in class program to whom or to which direct payments are distributed under section 50-11.1-23. Awarded funds may be withheld or forfeited, in whole or in part…