Title 50 — Public Welfare
62 chapters · 605 sections in this title.
N.D.C.C. § 50-25.2-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Abuse" means any willful act or omission of a caregiver or any other person which results in physical injury, mental anguish, unreasonable confinement, sexual abuse or exploitation, or financial exploitation to o…
N.D.C.C. § 50-25.2-02 Adult protective services program - Rules
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The department shall develop, administer, and cause to be implemented a program of protective services for vulnerable adults consistent with this chapter. In developing and administering the program, the department, within the limits of legislative appropriation, shall allocate a…
N.D.C.C. § 50-25.2-03 Reporting of abuse or neglect - Method of reporting
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1. Any medical or mental health professional or personnel, law enforcement officer, firefighter, member of the clergy, or caregiver having knowledge a vulnerable adult has been subjected to abuse or neglect, or who observes a vulnerable adult being subjected to conditions or circ…
N.D.C.C. § 50-25.2-04 Referral of complaints concerning long-term care facilities
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Any report received by the department or the department's designee under section 50-25.2-03 complaining of any administrative action, as defined in section 50-10.1-01, that may adversely affect or may have adversely affected the health, safety, welfare, or personal or civil right…
N.D.C.C. § 50-25.2-06 Provision of adult protective services
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If the department or the department's designee determines that a vulnerable adult demonstrates a need for adult protective services, the department or the department's designee shall provide, or arrange for the provision of, adult protective services, provided the vulnerable adul…
N.D.C.C. § 50-25.2-08 Cost of adult protective services
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The vulnerable adult is responsible for the costs of providing adult protective services, except the receipt, evaluation, and assessment of reports of suspected abuse or neglect pursuant to subdivision a of subsection 3 of section 50-25.2-01, if the department or the department's…
N.D.C.C. § 50-25.2-09 Immunity from liability
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The following persons are immune from any civil or criminal liability that otherwise might result from the person's actions taken pursuant to this chapter: 1. Any person, other than an alleged perpetrator, making a report or participating in an investigation, evaluation, or asses…
N.D.C.C. § 50-25.2-10 Penalty for failure to report - Penalty and civil liability for false reports
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1. Any person required to report under subsection 1 of section 50-25.2-03 who willfully fails to do so is guilty of an infraction. 2. Any person who willfully makes a false report, or provides false information which causes the report to be made, is guilty of a class B misdemeano…
N.D.C.C. § 50-25.2-11 Retaliation prohibited - Presumption - Penalty
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1. An employer who imposes any form of discipline or retaliation against an employee solely because the employee reported in good faith having knowledge of or reasonable cause to suspect that a vulnerable adult is or has been abused or neglected, or because the employee is a vuln…
N.D.C.C. § 50-25.2-12 Confidentiality of records - Authorized disclosures
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All reports made under this chapter and all records and information obtained or generated as a result of the reports are confidential, but must be made available to: 1. A physician who examines a vulnerable adult whom the physician reasonably suspects may have been subject to abu…
N.D.C.C. § 50-25.2-13 Information, education, and training programs
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1. The department shall conduct a public information and education program. The elements and goals of the program must include: a. Informing the public regarding the laws governing the abuse or neglect of vulnerable adults, the voluntary and mandatory reporting authorized by this…
N.D.C.C. § 50-25.2-14 Implementation contingent upon appropriation
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The department and human service zones are not required to implement or enforce this chapter with respect to any zone, region, area, or county of this state if the legislative assembly does not provide an appropriation to support the implementation and enforcement of this chapter…