Title 50, Public Welfare

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Child-placing agency" means any person undertaking to place children in family homes for temporary or permanent care. 2. "Placement" means the transfer of physical custody of a child from a birt…

Every child-placing agency shall secure a license from the department of health and human services. The department shall adopt rules establishing the requirements for licensure as a child-placing agency.

The department of health and human services shall issue licenses for the conduct of child-placing agencies upon application. A child-placing agency shall require a criminal history record investigation on the owner and each employee, volunteer, or student for field placement of a…

Conviction of an offense does not disqualify a person from licensure or employment under this chapter unless the department of health and human services determines that the offense has a direct bearing upon a person's ability to serve the public as the owner or employee of a chil…

1. A child-placing agency shall include, in any adoptive home study report, the results of a criminal history record investigation made under this section. If the results reveal a conviction of a crime described in chapter 50-11.3 or determined by the department to have a direct …

The license to conduct a child-placing agency issued under the provisions of this chapter must set forth: 1. The name and address of the licensee. 2. The number of children who may be placed by the licensee during the term for which the license is issued. 3. Whether the licensee …

The department of health and human services may prescribe the forms for the registration and record of children placed by a child-placing agency. The department shall make such reasonable rules and regulations in connection with such placements as are necessary to carry out the p…

Every child-placing agency upon placing a child in a foster or an adoptive home shall enter a written agreement with the persons taking the child. The agreement must provide: 1. The placing agency has access at all reasonable times to such child and to the home in which the child…

Every licensee shall: 1. Keep a full record and social history of each child received for placement and a similar record and history of the licensee's family. 2. Report to the department of health and human services: a. The name and address of each child to be placed in a foster …

A child-placing agency is not required to perform, assist, counsel, recommend, facilitate, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies. A state or local government entity may not deny a child-placing agency an…

A child may not be placed in any foster or adoptive home until adequate investigation has been made as to the suitability of the proposed foster or adoptive parents and their home surroundings. When the human service zone is satisfied that a child has been placed in an unsuitable…

1. A child-placing agency in making an adoptive placement may be compensated by the adoptive family for reasonable fees. 2. Child-placing agency compensation only may be received for services provided to the adoptive family if reflected in a financial agreement. An itemized recei…

The department of health and human services may revoke the license of any child-placing agency upon a proper showing of any of the following: 1. The licensee has violated any requirement under this chapter. 2. The license was issued upon a fraudulent or untrue representation. 3. …

Before any application for a license under this chapter may be denied or before the revocation of any license may take place, written charges as to the reasons therefor must be served upon the applicant or licensee. The applicant or licensee has the right to an administrative hea…

Any person undertaking to bring or to send a child into this state for placement in foster care, as a preliminary to a possible adoption, or for guardianship shall furnish the department of health and human services with written notice of the intention to send, bring, or place th…

No person, partnership, voluntary association, corporation, or limited liability company may take or send any child out of the state for placement in a family home in another state without first securing the consent of the department of health and human services so to do and with…

1. A person may not place or cause to be placed any child in a family home for adoption without a license to do so from the department of health and human services. 2. Adoption services may be provided by the department when a conflict of interest with a child-placing agency exis…

A community youth council may be established in any city or township in this state. Such a council may be initiated by: 1. The mayor of any city or by the president of the board of city commissioners; 2. The chairman of the board of supervisors of any township; or 3. The superint…

Any officer initiating the community youth council shall appoint as additional members thereof representatives of the local government, the churches, the American legion, and of all service or women's clubs, or welfare organizations in the community. All members of the council sh…

The community youth council shall perform the following duties: 1. Make a survey of the youth of the community. 2. Coordinate the leisure activities provided for them by the various organizations of the community. 3. Provide the place, method, and means for useful, supervised act…

The initiating officer shall call the council into being on the petition of any organization, or of five residents of the community, or on the initiating officer's own motion. The council shall organize by the selection of a chairman and a secretary and by the adoption of such ru…

The governor, in the name and on behalf of the state of North Dakota, may enter into such contracts or agreements with the president of the United States as the president may deem necessary or advisable in carrying out the provisions of the act of the Congress of the United State…

The contracts or agreements made by the governor under the provisions of section 50-17-01 may include the conditions and provisions set forth in the following sections and such other conditions or provisions as the governor may deem necessary or advisable to enable this state to …

If, as a result of any conservation work projects on state, county, or municipally owned land, the state derives a direct profit from the sale of any such land or the products thereof, the proceeds must be divided equally between this state and the federal government until the fe…

No work is to be done on privately owned land under the provisions of this chapter except as may be necessary in the public interest for regional or statewide forest protection against fire, insects, and disease or simple flood control measures to arrest gully erosion and flash r…

When, under the provisions of this chapter, the public interest requires work to be done on privately owned land as provided in section 50-17-04, the state shall assume responsibility for the reasonable protection of work done by the landowner or otherwise and shall agree that if…

A landowner, under a contract provided for in section 50-17-05, may be required to protect soil-saving dams and other works and to practice specified cultural methods for the prevention of soil erosion. If the landowner fails to meet these requirements, the conservation commissio…

Whenever any contract is entered into by this state or the United States or any agency thereof, with a private landowner, as is provided for in section 50-17-05, the following must be deemed constructive notice of such agreement to any mortgagee of or lienholder upon the lands co…

At the time of the mailing of the notices of a contract executed under the provisions of section 50-17-07, the recorder shall make a marginal notation giving the name and address of each addressee to whom the same was sent and the date of mailing. Such notation must be prima faci…

If a mortgagee or lienholder of lands which are covered by a contract executed under the provisions of section 50-17-07 fails to object to such contract by serving a written notice of such objection upon the conservation commission within four weeks after the recorder has mailed …

The revolving loan fund must be maintained for the purpose of making loans to nonprofit corporations for the construction or reconstruction of nursing homes, basic care facilities, or combination nursing homes and basic care facilities. All funds transferred into the fund, intere…

The revolving fund and loans made therefrom must be supervised and administered by the Bank of North Dakota. All applications for loans under the provisions of this chapter for the construction of nursing homes or combination nursing homes and basic care facilities must be made t…

The revolving fund must be maintained in the state treasury. All expenditures therefrom must be paid by warrant-check prepared by the office of management and budget upon vouchers submitted by the president of the Bank of North Dakota as approved by the office of the budget.

Loans in an amount not exceeding one-half of the cost of construction or reconstruction including the cost or value of real estate upon which the facility is located and in no event exceeding one hundred fifty thousand dollars to any one applicant shall be made by the Bank of Nor…

The department of health and human services shall establish standards of construction which must be followed by all applicants receiving loans of funds for the construction of nursing homes or combination nursing homes and basic care facilities. The department of health and human…

The Bank of North Dakota is authorized to do all acts or things necessary to negotiate said loans which specifically includes the power to take such security as prescribed herein and to bring suit against any nonprofit corporation in order to collect interest and principal due th…

As used in this chapter, unless the context otherwise requires: 1. "Accounting year" means the twelve-month period on which a charitable organization keeps its financial records. 2. a. "Charitable organization" means a person that engages in or purports to engage in solicitation …

1. A charitable organization may not solicit contributions from persons in this state by any means unless, prior to a solicitation, there is on file with the secretary of state upon forms prescribed by the secretary of state a registration statement containing the following infor…

1. A person may not act as a professional fundraiser subject to this chapter unless that person has registered with the secretary of state. The registration statement must be in writing in the form prescribed by the secretary of state and must be accompanied by a fee of one hundr…

The secretary of state may not issue or renew a registration provided for in this chapter if the name of the registrant is an entity whose name is not in some manner registered with the secretary of state as a corporation, limited liability company, trade name, fictitious name of…

1. Every charitable organization that is required to file or that files a registration statement pursuant to section 50-22-02 shall file an annual report. The annual report must be delivered to the secretary of state, along with a ten dollar fee, on or before September first of e…

A charitable organization, professional fundraiser, or any agent or employee of a charitable organization or professional fundraiser may not use any deceptive act or practice, fraud, false pretense, false promise, or misrepresentation with the intent that others rely thereon in c…

Any person conducting a solicitation in violation of this chapter, or failing to properly complete and promptly file any report, tax return, or other information required under this chapter, is guilty of a class A misdemeanor. Any person conducting a solicitation after the person…

The attorney general is entitled to an award of reasonable attorney's fees, costs, and expenses of an investigation and action brought under this chapter.

The secretary of state may adopt rules the secretary of state deems necessary and appropriate to fully implement the provisions of this chapter in accordance with chapter 28-32, but which need not comply with section 28-32-07.

There is hereby created in the state treasury a special fund known as the children's trust fund. The children and family services division of the department of health and human services shall administer the fund. All moneys designated for the fund from whatever source derived mus…