Title 50 — Public Welfare

If the state favorably settles or prevails in a civil action in which the state intervened or filed, the state is entitled to be awarded reasonable expenses, consultant and expert witness fees, costs, and attorney's fees. In an action in which outside counsel is engaged by the at…

1. An employee, contractor, or agent is entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms an…

The Medicaid fraud control unit is established as a division of the attorney general's office. The Medicaid fraud control unit, which is under the supervision and control of the attorney general, consists of the agents and employees the attorney general considers necessary and ap…

1. The Medicaid fraud control unit shall: a. Investigate and prosecute under applicable criminal or civil laws fraud and patient abuse or neglect by providers or any other person, including cases referred by the department; b. Review complaints of patient abuse, patient neglect, …

1. A person commits a criminal offense under this section if the person knowingly: a. Presents for allowance, for payment, or for the purpose of concealing, avoiding, or decreasing an obligation to pay a false or fraudulent medical assistance claim, bill, account, voucher, or wri…

1. A person that submits a claim for or receives a payment for a good or service under the state's Medicaid program, at the time the good or service is provided, shall create and retain records as required by rule of the department and chapter 50-24.8. 2. A person that submits a …

All local, county, and state departments and agencies shall cooperate with the Medicaid fraud control unit and the unit's agents and employees to effectuate the purposes of the unit.

The attorney general may adopt rules, pursuant to chapter 28-32, to implement this chapter.

It is the purpose of this chapter to protect the health and welfare of children by encouraging the reporting of children who are known to be or suspected of being abused or neglected; the providing of adequate services for the protection and treatment of abused and neglected chil…

In this chapter, unless the context or subject matter otherwise requires: 1. "A person responsible for the child's welfare" means an individual who has responsibility for the care or supervision of a child and who is the child's parent, an adult family member of the child, any me…

1. Any dentist; optometrist; dental hygienist; medical examiner or coroner; tier 1 mental health professional, tier 2 mental health professional, tier 3 mental health professional, or tier 4 mental health professional as defined under section 25-01-01; or any other medical or men…

Any individual or official required to report under this chapter may cause to be taken color photographs of the areas of trauma visible on a child who the individual or official has knowledge or reasonable cause to suspect is an abused or neglected child and, if indicated by medi…

1. All persons mandated or permitted to report cases of known or suspected child abuse or neglect immediately shall cause oral or written reports to be made to the department or authorized agent. Oral reports must be followed by written reports within forty-eight hours if so requ…

1. The department shall name the members of the state child protection team. The department is responsible for all reports made pursuant to this chapter. The department shall set meetings for the purposes of fulfilling the duties set forth in sections 50-25.1-02 and 50-25.1-04. 2…

The child fatality review panel is a multidisciplinary panel and incorporates representatives of agencies that are directly or indirectly involved in responding to the death of a child. The department may designate any other person as appropriate to assist the panel in the perfor…

The child fatality review panel shall meet at least quarterly to review the deaths and near deaths of all minors which occurred in the state during the preceding twelve months and to identify trends or patterns in the deaths and near deaths of minors. The panel may review near de…

Upon the request of a coroner or the presiding officer of a child fatality review panel, any hospital, physician, medical professional, medical facility, mental health professional, mental health facility, school counselor, or division of juvenile services employee shall disclose…

Upon completion of the child protection assessment of the initial report of child abuse or neglect, a decision must be made whether confirmed, confirmed with unknown subject, unconfirmed, or unable to determine abuse or neglect of a child. 1. This determination is the responsibil…

1. Upon confirmation that a child meets the definition of an abused or neglected child, the department promptly shall make a written report of the decision to the juvenile court having jurisdiction in the matter. 2. The department promptly shall file a report of a decision that a…

The division of children and family services or other division as determined appropriate by the department shall maintain a child abuse information index of all reports confirmed or confirmed with unknown subjects for child abuse, neglect, or death resulting from abuse or neglect…

The department, authorized agent, or appropriate law enforcement agency shall notify the school principal or other appropriate school administrator of its intent to conduct an interview on school property pursuant to section 50-25.1-05. The school administrator may not disclose t…

1. The department shall provide protective services for a child meeting the definition of an abused or neglected child and who is at substantial risk of continued abuse or neglect due to a supported state of impending danger, as well as other children under the same care as may b…

Repealed by S.L. 2019, ch 391, § 139.

Any physician examining a child with respect to whom abuse or neglect is known or suspected, after reasonable attempts to advise the parents, guardian, or other person having responsibility for the care of the child that the physician suspects has been abused or neglected, may ke…

The court, in every case involving an abused or neglected child which results in a judicial proceeding, shall appoint a guardian ad litem for the child in those proceedings.

Any person, other than the alleged violator, participating in good faith in the making of a report, assisting in an investigation, assisting or furnishing information in a child protection assessment, assisting or furnishing information in an alternative response assessment, assi…

1. An employer that retaliates against an employee solely because the employee in good faith reported having reasonable cause to suspect that a child was abused or neglected, or died as a result of abuse or neglect, or because the employee is a child with respect to whom a report…

Any privilege of communication between husband and wife or between any professional person and the person's patient or client, except between attorney and client, is abrogated and does not constitute grounds for preventing a report to be made or for excluding evidence in any proc…

1. A report made under this chapter, as well as any other information obtained, is confidential and must be made available to: a. A physician who has before the physician a child whom the physician reasonably suspects may have been abused or neglected. b. A person who is authoriz…

All law enforcement officials, courts of competent jurisdiction, and appropriate state agencies shall cooperate in fulfillment of the purposes of this chapter.

Any individual required by this chapter to report or to supply information concerning a case of known or suspected child abuse, neglect, or death resulting from abuse or neglect who willfully, as defined in section 12.1-02-02, fails to do so is guilty of a class B misdemeanor. An…

Any individual who permits or encourages the unauthorized disclosure of reports made or confidential information obtained under the provisions of this chapter is guilty of a class B misdemeanor.

1. As used in this section: a. "Abandoned infant" means an infant who has been abandoned at birth at a hospital or before reaching the age of one year regardless of the location of birth and who has been left with an on-duty staff member or, if an infant is less than sixty days o…

1. If the woman has obstetrical complications that are a medical indication of possible use of a controlled substance for a nonmedical purpose or alcohol misuse, upon the consent of the pregnant woman, or without consent if a specimen is otherwise available, a physician may admin…

Repealed by S.L. 2025, ch. 461, § 4.

1. The department or authorized agent, at the initial time of contact with an individual subject to a child abuse or neglect assessment, shall advise the individual of the specific complaints or allegations made against the individual. 2. The department or authorized agent shall …

If an alternative response assessment is initiated as a result of a report of child abuse or neglect, a decision that a child is confirmed abused or neglected may not be made if the person responsible for the child's welfare complies with the resulting referred services and plan …

1. In response to an alternative response assessment, the department: a. Shall provide referral services to, and monitor support services for, the person responsible for the child's welfare, the substance exposed infant, and other children under the same care as may be necessary …

If a family services assessment is initiated as a result of a report of child abuse or neglect, a decision that a child is confirmed abused or neglected may not be made if a person responsible for the child's welfare complies with the resulting referred services for the child. Th…

1. In response to a family services assessment, the department shall provide appropriate referral services to a person responsible for the child's welfare and the children under the same care as may be necessary for the well-being and safety of the children. 2. The department may…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…