Title 25, Mental and Physical Illness or Disability

A revolving vision aids, devices, and appliances fund is hereby established in the state treasury to be used by the North Dakota vision services - school for the blind to purchase and resell vision-specific adaptive aids, devices, and appliances to be used by blind and visually i…

The school for the blind fund is a special fund in the state treasury. All moneys received pursuant to section 2 of article IX of the Constitution of North Dakota, revenues received from services and leases, and contributions must be deposited in the fund. Moneys in the fund are …

There must be maintained at Devils Lake, in Ramsey County, a school for the deaf, which may provide education and training and serve as a resource and referral center for individuals who are deaf or hearing impaired.

The superintendent of the school for the deaf is appointed by and reports to the superintendent of public instruction. The school for the deaf must have a separate budget and separate staff from the department of public instruction.

The superintendent of the school for the deaf may also act as superintendent of the North Dakota vision services - school for the blind.

The school for the deaf may require any employee, final applicant for employment, or any individual otherwise providing services to the school to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in …

1. A child who is a resident of this state and who, because of deafness or a hearing impairment, is unable to receive an education in the public schools, is entitled to attend the school for the deaf at the expense of the state. A child is entitled to attend the school at any age…

A child who is deaf or hearing-impaired but who is not a resident of this state may be admitted to the school for the deaf, provided the annual cost of the child's education, as determined by the superintendent of public instruction, is paid on behalf of the child in advance of t…

The superintendent of the school for the deaf shall provide special education and related services designed to meet the unique needs of each child who is deaf or hearing impaired, in accordance with the child's individual education program.

The school for the deaf shall provide clothing to a child who is enrolled in the school if the child does not have suitable clothing. If the child is a minor, the school shall charge the child's parent or legal guardian for any clothing provided to the child under this section an…

It is the duty of every public school superintendent, physician, otologist, audiologist, nurse, clinic, hospital, and social and welfare agency in this state to report in writing to the superintendent of the North Dakota school for the deaf the name, age, and residence of persons…

The school for the deaf may provide a home intervention program for children who are under the age of five and who are deaf or hearing impaired. The program must include information, counseling services, auditory training, and basic language development instruction for the parent…

The school for the deaf may collaborate with public and private entities for the provision of services to individuals who are deaf or hearing impaired. The school for the deaf may not compete with any public or private entity offering the same services within a region.

The school for the deaf fund is a special fund in the state treasury. All moneys received pursuant to section 2 of article IX of the Constitution of North Dakota and all revenues received from the lease of buildings and the provision of meals and services, including interpreter s…

The interstate compact on mental health is hereby enacted into law and entered into by this state with all other states legally joined therein in the form substantially as follows: ARTICLE I The party states find that the proper and expeditious treatment of the mentally ill and m…

Pursuant to said compact, the commissioner of the department of health and human services or designee must be the compact administrator and who, acting jointly with like officers of other party states, may adopt rules to carry out more effectively the terms of the compact. The co…

The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact. In the event that such supplementary agreements require or contemplate the use of any ins…

The compact administrator, subject to the approval of the state treasurer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the distr…

Duly authorized copies of this chapter must, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.

It is the policy of this state to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.

For purposes of this chapter "service animal" means any dog trained to do work, perform tasks, or provide assistance for the benefit of an individual with a disability. The term includes a dog trained to provide assistance to an individual with a disability, pull a wheelchair, le…

An individual with a disability is entitled to be accompanied by a service animal in places of public accommodations, common carriers, facilities of a health care provider, and all places to which the public is generally invited, without being required to pay an extra charge for …

1. A trainer with a service animal in training may enter any place of public accommodation, common carrier, facility of a health care provider, and any place to which the public is generally invited, without being required to pay an extra charge for the service animal in training…

An individual is guilty of an infraction if the individual, in an attempt to gain admission to a public place under this chapter or obtain a reasonable housing accommodation under section 47-16-07.5, knowingly makes a false claim that a pet is a service animal.

If the driver of a motor vehicle approaches an individual who is blind or visually impaired and who is carrying a cane predominately white or metallic in color, with or without a red tip, or who is accompanied by a service animal, the driver shall take all reasonable precautions …

Any person who denies or interferes with admittance to or enjoyment of the public places or facilities enumerated in section 25-13-02 or otherwise interferes with the rights of an individual who is blind or visually impaired, or with the rights of an individual who is accompanied…

It is the policy of this state that individuals who are blind, visually impaired, or otherwise disabled shall be employed in the state service, the service of the political subdivisions of the state, the public schools, and all other employment supported in whole or in part by pu…

1. A person is guilty of a class C felony and is subject to a civil penalty of up to ten thousand dollars if that person willfully and unjustifiably kills, shoots, tortures, torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a service animal. 2. A person i…

The interstate compact on mentally disordered offenders, hereinafter called "the compact", is hereby enacted and entered into with all other jurisdictions legally joining therein. The provisions of said compact are as follows: INTERSTATE COMPACT ON MENTALLY DISORDERED OFFENDERS A…

The department of health and human services may negotiate and enter contracts on behalf of the state pursuant to article III of the compact and may perform such contracts; provided that no funds, personnel, facilities, equipment, supplies, or materials shall be pledged, committed…

In this chapter unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Developmental disability" has the same meaning as in section 25-01.2-01. 3. "Group home" means any community residential facility housin…

The operator of a provider agency for individuals with a developmental disability shall secure annually from the department a license as required by rules adopted under this chapter.

The department shall issue a license for the operation of an agency providing services to individuals with a developmental disability upon a showing that: 1. The premises to be used are safe, sanitary, and properly equipped to provide good care; 2. The persons in charge of the pr…

Conviction of an offense does not disqualify a person from licensure under this chapter unless the department determines that the offense has a direct bearing upon a person's ability to serve the public as an owner or operator of a provider agency, or that, following conviction o…

1. If the department finds the provider agency is not in compliance with this chapter or the rules adopted by the department, the department may notify the provider agency of required corrective actions. 2. The provider agency shall submit a corrective action plan addressing the …

The department may inspect the facilities, premises, and records of the applicant or the provider agency to determine whether the provider agency is in compliance with the rules of the department, to facilitate verification of the information submitted with an application for lic…

The license issued under the provisions of this chapter must specify: 1. The name of the provider agency. 2. The premises to which the license is applicable. 3. The occupancy or service limitations. 4. The date of expiration of the license.

The department may prescribe forms for the registration and record of an eligible individual and may adopt reasonable rules necessary to carry out the purposes of this chapter.

Except as otherwise authorized by law, an agent of the department or the superintendent of the life skills and transition center or the provider agency, their agents, or employees may not disclose the contents of an eligible individual's records, nor of the reports received from …

The department may revoke a license of a provider agency upon a proper showing that: 1. Any of the conditions set forth in section 25-16-03 as requirements for the issuance of the license no longer exists; 2. The license was issued upon fraudulent or untrue representations; 3. Th…

Before any application for a license is denied or before the revocation of such license by the department, written charges as to the reasons for the revocation or denial must be served upon the applicant or provider agency, who has a right to a hearing before the department, if a…

The department and the provider agency may exert all possible efforts to obtain grants, both private and governmental, for the care, custody, treatment, training, and education of individuals with a developmental disability.

This chapter does not relieve the responsibility of the eligible individual, the eligible individual's estate, or responsible relatives of the expenses for care and treatment as provided in chapter 25-04 or 50-06.3. The provisions of chapter 25-04 or 50-06.3 applicable to the exp…

Notwithstanding the provisions in chapter 11-33, 40-47, or 58-03, or any other provisions authorizing any political subdivision to establish or enforce zoning regulations, a licensed group home serving six or fewer individuals with a developmental disability must be considered a …

1. The department may purchase residential care, custody, treatment, training, and education services for individuals with developmental disabilities from a provider agency or a Medicaid-enrolled provider, from funds appropriated for that purpose. 2. The department may establish …