N.D. Cent. Code § 25-01.2-11 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-11
25-01.2-11. Psychosurgery, sterilization, or research - Court order required - Hearing - Right to attorney at public expense
Status: in_force

25-01.2-11. Psychosurgery, sterilization, or research - Court order required - Hearing -

Right to attorney at public expense.

A court of competent jurisdiction may issue the orders required for the procedures or

treatments in subsection 4 of section 25-01.2-09 upon application of the party alleging the

necessity of the procedure, the individual who is receiving or is entitled to receive the treatment,

the parents or custodian of the individual under eighteen years of age, or guardian, following a

hearing on the application.

1. The individual receiving or entitled to treatment shall:

a. Receive prior notice of the hearing;

b. Have the right and the opportunity to present evidence; and

c. Have the right to be confronted with and to cross-examine witnesses.

2. If the individual with a developmental disability is indigent, counsel shall be provided at

public expense not less than ten days before the hearing.

3. The burden of proof is on the party alleging the necessity of the procedure or

treatment.

4. An order allowing the procedure or treatment may not be granted unless the party

alleging the necessity of the procedure or treatment proves by clear and convincing

evidence that the procedure is in the best interest of the recipient and that no less

drastic measures are feasible.
N.D. Cent. Code § 25-03.1-10 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-10
25-03.1-10. Involuntary treatment - Court-ordered examination
Status: in_force

25-03.1-10. Involuntary treatment - Court-ordered examination

If the petition is not accompanied by a written supportive statement of a tier 1 mental health

professional or a licensed addiction counselor who has examined the respondent within the last

forty-five days, the court shall order the respondent be examined by an expert examiner of the

respondent's own choice or one appointed by the court. The order must state the date and time

within which the respondent must appear; the address to which the respondent is to report; a

statement that if the respondent fails to appear at the appointed place at or before the ordered

date and time, the respondent may be involuntarily taken into custody and transported to the

appointed place; and a statement the expert examiner may consult with or request participation

in the examination by a mental health professional and may include with the written examination

report any findings or observations by that mental health professional. Accompanying the order

must be an explanation of the intended uses and possible effects of this examination. The

examination may be conducted at a treatment facility, at the respondent's home, or at any other

suitable place in the community. A request for examination at the state hospital must be

screened and approved by a state-operated behavioral health clinic. The respondent may be

accompanied by one or more relatives or friends at the place of the examination. The costs of

the court-ordered examination must be borne by the county that is the respondent's place of

residence.
N.D. Cent. Code § 25-01-01.1 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-01.1
25-01-01.1. State council on developmental disabilities
Status: in_force

25-01-01.1. State council on developmental disabilities

1. There must be maintained in the department of health and human services a state

council on developmental disabilities consisting of:

a. One representative of each of the following departments, divisions, institutions,

and organizations designated by the head of such agency or organization:

(1) Office of superintendent of public instruction.

(2) Job service North Dakota.

b. Three representatives of the department of health and human services to include

at least:

(1) One representative from the life skills and transition center designated by its

superintendent; and

(2) One representative from the department's public health division.

2. The council shall, at a minimum, include representation that conforms to federal law

requirements regarding state councils on developmental disabilities. All members of

the council must be appointed by the governor. The council shall select its own officers

who shall serve for a term of two years commencing on October first of each year.

Meetings must be held at least twice a year or at the call of the chairman or upon

notice in writing signed by not less than three members of the council. A simple

majority of the council constitutes a quorum and may act upon any matter coming

before the council. Members of the council are entitled to reimbursement in the same

manner and at the same rate provided by law for other state officials.

3. The council shall assist in the development of the state plan for developmental

disabilities, monitor and evaluate the implementation of such state plan, and review

and comment on all state plans in the state which relate to programs affecting

individuals with developmental disabilities. The council may take any action reasonably

necessary to secure and administer any money made available to state councils on

developmental disabilities through the Developmentally Disabled and Bill of Rights Act

[Pub. L. 95-602; 92 Stat. 2955; 42 U.S.C. 6000 et seq.]. The council, if approved by

the governor, shall appoint a full-time director who shall assist the council. The director

must be classified under the state personnel merit system. The council shall also

perform studies and surveys of the needs of individuals with developmental disabilities

in North Dakota and shall facilitate coordination of the activities of all state

departments, divisions, agencies, and institutions having responsibilities in the field of

developmental disabilities.
N.D. Cent. Code § 25-13-01 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-01
25-13-01. Legislative policy
Status: in_force

25-13-01. Legislative policy

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.
N.D. Cent. Code § 25-01.2-09 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-09
25-01.2-09. Punishment - Seclusion - Restraints - Psychosurgery - Sterilization - Shock treatment
Status: in_force

25-01.2-09. Punishment - Seclusion - Restraints - Psychosurgery - Sterilization -

Shock treatment.

An individual with a developmental disability receiving services at any institution, facility, or

individualized setting from a public or private agency or organization may not at any time:

1. Be subjected to any corporal punishment or shock treatment.

2. Be secluded, except to ensure immediate physical safety of the individual or others.

3. Be restrained, except to ensure immediate physical safety of the individual or others.

4. Be subjected to psychosurgery, sterilization, medical behavioral research, or

pharmacological research, except in conformity with an order of a court of competent

jurisdiction. Under no circumstances may an individual receiving treatment be

subjected to hazardous or intrusive experimental research that is not directly related to

the specific goals of that individual's treatment program.

5. Be subjected to electroconvulsive therapy without that individual's or guardian's written

and informed consent. If the recipient of services is a minor, the recipient's parent,

custodian, or guardian may provide informed consent for that treatment, which the

parent, custodian, or guardian believes to be in the recipient's best interests.
N.D. Cent. Code § 25-16-18 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-18
25-16-18. Federal requirements - Supremacy
Status: in_force

25-16-18. Federal requirements - Supremacy

If any provision of this chapter is determined by the United States government to be in

conflict with existing or future requirements of the United States government so as to limit or

preclude federal financial participation in medical assistance, the department shall comply with

the federal requirements to the extent necessary to obtain federal financial participation and

shall not comply with the provisions of this chapter if necessary to avoid a loss of federal

financial participation.
N.D. Cent. Code § 25-16-10 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-10
25-16-10. Purchase of services
Status: repealed

25-16-10. Purchase of services

Repealed by S.L. 2003, ch. 231, § 2.
N.D. Cent. Code § 25-03.1-15 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-15
25-03.1-15. Respondent's attendance at hearings
Status: in_force

25-03.1-15. Respondent's attendance at hearings

The respondent must be present at all hearings unless the respondent waives the right to

be present either orally or in writing. A respondent's refusal to attend a hearing is presumed to

be a waiver of the right to be present at the hearing. The judge must be notified if the

respondent has been medicated within twenty-four hours of the beginning of the hearing or an

adjourned session of the hearing, and of the probable effects of the medication.
N.D. Cent. Code § 25-02-16 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-16
25-02-16. Powers of county mental health board
Status: repealed

25-02-16. Powers of county mental health board

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-01.1-38 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-38
25-01.1-38. Child welfare - Powers and duties of supervising department
Status: in_force

25-01.1-38. Child welfare - Powers and duties of supervising department

In addition to the other duties prescribed by law, the supervising department has the

following duties and powers:

1. To accept the guardianship of the persons or children who may be committed to its

care by courts of competent jurisdiction as neglected, delinquent, dependent, or

defective.

2. To make such provisions for children committed to its care as are within the resources

of the supervising department, and as will afford them proper care and protection.

3. To take the initiative in protecting and conserving the rights and interests of neglected,

dependent, delinquent, illegitimate, and defective children.

4. To act as parole officers of juveniles upon the request of courts of the state to which

dependent, neglected, handicapped, or delinquent children may be committed.
N.D. Cent. Code § 25-01.1-24 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-24
25-01.1-24. Contract for supplies sent to institution
Status: in_force

25-01.1-24. Contract for supplies sent to institution

When the estimates for supplies for the institutions under the control of the supervising

department have been certified and revised by the supervising department and bids for the

supplies enumerated and described therein have been received and contracts for furnishing the

supplies have been let by the office of management and budget, a copy of such revised

estimates and the contract for furnishing the supplies enumerated and described in such revised

estimates, duly certified, must be sent to the institution and another copy must be sent to the

supervising department having control of such institution.
N.D. Cent. Code § 25-13-04 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-04
25-13-04. Penalty for interfering or denying use of facilities
Status: in_force

25-13-04. Penalty for interfering or denying use of facilities

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 by a

service animal, is guilty of a class A misdemeanor. This section does not apply to a denial of

admission under section 25-13-02.1.
N.D. Cent. Code § 25-01.1-22 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-22
25-01.1-22. Estimate of expenditures of institutions presented to supervising department and office of management and budget - Revision
Status: in_force

25-01.1-22. Estimate of expenditures of institutions presented to supervising

department and office of management and budget - Revision.

At the times and in the manner provided by the office of management and budget, the

superintendent shall cause to be prepared triplicate estimates of all expenditures required for

the institution. Two of the said triplicate estimates must be sent to the supervising department

and the third must be kept by the superintendent. The supervising department may revise the

estimates for supplies or other expenditures and shall certify that it has carefully examined the

same and that the articles contained in such estimates as approved, or revised by it, are, to its

best knowledge and belief, actually required for the use of the institution. An approved copy

containing any revisions of the estimate by the supervising department must be forwarded by

the supervising department to the office of management and budget which shall contract for the

required purchases.
N.D. Cent. Code § 25-03.2-02 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-02
25-03.2-02. License required
Status: in_force

25-03.2-02. License required

The operator of a publicly or privately operated psychiatric residential treatment facility for

children shall meet the requirements for licensure and shall secure a license from the

department.
N.D. Cent. Code § 25-03.3-05 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-05
25-03.3-05. Abrogation of confidentiality statutes and privileges
Status: in_force

25-03.3-05. Abrogation of confidentiality statutes and privileges

1. Notwithstanding any other provision of law requiring confidentiality of information about

individuals receiving care, custody, education, treatment, or any other services from

the state or any political subdivision, any confidential information about a respondent

or committed individual must be released to a state's attorney for proceedings

pursuant to this chapter unless release results in the loss of federal funds. The

physician-patient privilege and psychotherapist-patient privilege do not apply to

communications relevant to an issue in proceedings to commit an individual as a

sexually dangerous person if the physician or psychotherapist in the course of

diagnosis or treatment determines the patient is in need of commitment and to

communications with a committed individual. The provision of any confidential or

privileged information to the state's attorney does not render the state, any political

subdivision, or any state or political subdivision official or employee, or other person

liable pursuant to any criminal or civil law relating to confidentiality or privilege.

2. For purposes of this chapter, the disclosure of individually identifiable health

information by a treating facility or mental health professional to the state hospital or a

mental health professional, including an expert examiner, is a disclosure for treatment.

A retained or appointed counsel has the right to obtain individually identifiable health

information regarding a respondent in a proceeding under this chapter. In any other

case, the right of an inmate or a patient to obtain protected health information must be

in accordance with title 45, Code of Federal Regulations, part 164.
N.D. Cent. Code § 25-02-03 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-03
25-02-03. Object of state hospital
Status: in_force

25-02-03. Object of state hospital

The state hospital is an institution for mental diseases serving specialized populations of

individuals with severe mental illness, including individuals with a substance use disorder. The

state hospital is one component of the North Dakota mental health delivery system and serves

as a resource to community-based treatment programs. The state hospital shall, pursuant to

rules or policies adopted by the department of health and human services, receive and care for

all eligible individuals with severe mental illness, including individuals with a substance use

disorder, residing within this state in accordance with this title, and may furnish to those

individuals all needed food, shelter, treatment, and support.
N.D. Cent. Code § 25-01.1-15 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-15
25-01.1-15. Supervising department to provide protection against fire - Means of escape
Status: in_force

25-01.1-15. Supervising department to provide protection against fire - Means of

escape.

The supervising department under advisement of the state fire marshal shall compel the

superintendent of each of the institutions under its control to:

1. Provide at each institution adequate and ready means of protection against fire.

2. Construct proper means of escape for the patients and attendants where the same are

not already constructed.

3. Establish and enforce rigid rules and regulations by which the danger of fire shall be

minimized.

4. Prevent, as far as possible, injury to the patients or pupils and loss or destruction, by

any cause, of the property of the state.
N.D. Cent. Code § 25-03.3-18.1 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-18.1
25-03.3-18.1. Annual review - Petition for discharge - Inapplicability during periods of imprisonment
Status: in_force

25-03.3-18.1. Annual review - Petition for discharge - Inapplicability during periods of

imprisonment.

Sections 25-03.3-17 and 25-03.3-18 do not apply if a respondent, during a period of

commitment under this chapter, is transferred to the custody of the department of corrections

and rehabilitation in accordance with section 29-27-07 or is serving a term of imprisonment in a

county jail or regional corrections center. Upon release from imprisonment, the respondent must

be retransferred to the care, custody, and control of the commissioner. Upon retransfer, the

respondent is entitled to a review to determine whether continued commitment under this

chapter is warranted.
N.D. Cent. Code § 25-01-01 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-01
25-01-01. Definitions
Status: in_force

25-01-01. Definitions

In this title, unless the context or subject matter otherwise requires:

1. "Licensed physician" means an individual licensed under the laws of this state to

practice medicine and also means a medical officer of the government of the United

States while in this state in the performance of the physician's official duties.

2. "Mentally ill individual" means an individual having a psychiatric or other disease which

substantially impairs the individual's mental health.

3. "North Dakota vision services - school for the blind" means the North Dakota vision

services - school for the blind as maintained under section 25-06-01.

4. "School for the deaf" means the school for the deaf of North Dakota.

5. "State hospital" means the state hospital for the mentally ill.

6. "Superintendent" means the superintendent of the state hospital, of the life skills and

transition center, of North Dakota vision services - school for the blind, or of the school

for the deaf, as the case may be.

7. "Supervising officer" means the commissioner of the department of health and human

services or designee or the superintendent of public instruction, as the case may be.

8. "Tier 1 mental health professional" means a tier 1a or tier 1b mental health

professional.

a. A tier 1a mental health professional is a psychiatrist licensed under chapter 43-17

or a psychologist licensed under chapter 43-32.

b. A tier 1b mental health professional is a licensed physician or a physician

assistant licensed under chapter 43-17 or an advanced practice registered nurse

licensed under chapter 43-12.

9. "Tier 2 mental health professional" means a tier 2a or a tier 2b mental health

professional.

a. A tier 2a mental health professional is an independent clinician who is a licensed

clinical social worker licensed under chapter 43-41, a licensed professional

clinical counselor or licensed professional counselor licensed under chapter

43-47, or a licensed marriage and family therapist licensed under chapter 43-53.

b. A tier 2b mental health professional is an addiction counselor licensed under

chapter 43-45 or a registered nurse licensed under chapter 43-12.

10. "Tier 3 mental health professional" means a licensed associate professional counselor

licensed under chapter 43-47, a licensed master social worker or licensed

baccalaureate social worker licensed under chapter 43-41, an associate marriage and

family therapist licensed under chapter 43-53, an occupational therapist licensed

under chapter 43-40, a licensed practical nurse licensed under chapter 43-12, a

behavior analyst licensed or registered under chapter 43-32, a vocational rehabilitation

counselor practicing under chapter 50-06.1, a school psychologist, or a human

relations counselor.

11. "Tier 4 mental health professional" means a direct care associate, technician, or

certified peer support specialist.
N.D. Cent. Code § 25-03.1-44 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-44
25-03.1-44. Records of disclosure
Status: repealed

25-03.1-44. Records of disclosure

Repealed by S.L. 2003, ch. 225, § 6.
N.D. Cent. Code § 25-03.1-21 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-21
25-03.1-21. Involuntary treatment order - Alternatives to hospitalization - Noncompliance with alternative treatment order - Emergency detention by certain professionals - Application for continuing treatment order
Status: in_force

25-03.1-21. Involuntary treatment order - Alternatives to hospitalization -

Noncompliance with alternative treatment order - Emergency detention by certain

professionals - Application for continuing treatment order.

1. Before the court makes a decision in an involuntary treatment hearing, the court shall

review a report assessing the availability and appropriateness for the respondent of

treatment programs other than hospitalization which has been prepared and submitted

by the state hospital or treatment facility. If the court finds a treatment program other

than hospitalization is adequate to meet the respondent's treatment needs and is

sufficient to prevent serious risk of harm, the court shall order the respondent to

receive whatever treatment, other than hospitalization, is appropriate for a period of

ninety days.

2. If the respondent is not complying with the alternative treatment order or the

alternative treatment has not been sufficient to prevent serious risk of harm, the

department, a representative of the treatment program involved in the alternative

treatment order, the petitioner's retained attorney, or the state's attorney may apply to

the court or to the district court of a different judicial district in which the respondent is

located to modify the alternative treatment order. The court shall hold a hearing within

seven days after the application is filed and served on the respondent. Based upon the

evidence presented at the hearing and other available information, the court may:

a. Continue the alternative treatment order;

b. Consider other alternatives to hospitalization, modify the court's original order,

and direct the respondent undergo another program of alternative treatment for

the remainder of the ninety-day period; or

c. Enter a new order directing the respondent be hospitalized until discharged from

the hospital under section 25-03.1-30. If the respondent refuses to comply with

this hospitalization order, the court may direct a peace officer to take the

respondent into protective custody and transport the respondent to a treatment

facility.

3. If a peace officer, physician either in person or directing an emergency medical

services professional, or any mental health professional reasonably believes the

respondent is not complying with an order for alternative treatment, that the alternative

treatment is not sufficient to prevent serious risk of harm, and that considerations of

time and safety do not allow intervention by a court, the designated professional may

cause the respondent to be taken into custody and detained at a treatment facility as

provided in subsection 3 of section 25-03.1-25 and, within twenty-four hours, shall file

a notice with the court stating the circumstances and factors of the case. The state

hospital or public treatment facility immediately shall accept, if appropriately screened

and medically stable, and a private treatment facility may accept, the respondent on a

provisional basis. The superintendent or director shall require an immediate

examination of the respondent and, within twenty-four hours after admission, shall

release the respondent subject to the conditions of the original order or file a notice

with the court stating in detail the circumstances and factors of the case. The court,

within forty-eight hours of receipt of the notice of the superintendent or director, after a

hearing and based on the evidence presented and other available information, shall:

a. Release the respondent from hospitalization and continue the alternative

treatment order;

b. Consider other alternatives to hospitalization, modify the original order of the

court, and direct the respondent undergo another program of alternative

treatment for the remainder of the commitment period; or

c. Enter a new order directing the respondent remain hospitalized until discharged

from the hospital under section 25-03.1-30.

4. If, at the date of expiration of an order of alternative treatment, it is believed an

individual continues to require treatment, a petition for a determination that the

individual continues to be a person requiring treatment may be filed with the court

where the individual is located.
N.D. Cent. Code § 25-01.2-08 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-08
25-01.2-08. Medication - Chemical restraints
Status: in_force

25-01.2-08. Medication - Chemical restraints

An individual with a developmental disability receiving services at any institution, facility, or

individualized setting from a public or private agency or organization may not be administered at

any time any drug or medication, or be chemically restrained or tranquilized in any manner,

except upon the written authorization of a licensed physician, physician assistant, or advanced

practice registered nurse when necessary and appropriate as an element of the service being

received or as a treatment of any medical or physical condition in conformity with accepted

standards for that treatment. The nature, amount of, and reasons for the administration of any

drug or medication must be promptly recorded in the individual's medical record. A public or

private agency or organization licensed by the department to provide services to an individual

with a developmental disability shall document any restrictions of these rights in the individual's

person-centered service plan.
N.D. Cent. Code § 25-03.1-43 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-43
25-03.1-43. Confidential records
Status: in_force

25-03.1-43. Confidential records

All information and records obtained in the course of an investigation, an evaluation, an

examination, or treatment under this chapter and the presence or past presence of a patient in a

treatment facility are confidential, but the information and records may be disclosed to and be

used by a court as required to carry out the purposes of this chapter, and as authorized under

title 45, Code of Federal Regulations, part 164. Courts also may release nonclinical identifying

information of persons subject to proceedings under this chapter for the purposes of section
N.D. Cent. Code § 25-04-13.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-13.1
25-04-13.1. Guardianship - Superintendent to act as guardian
Status: repealed

25-04-13.1. Guardianship - Superintendent to act as guardian

Repealed by S.L. 1987, ch. 326, § 2.
N.D. Cent. Code § 25-07-08 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-08
25-07-08. Clothing may be furnished when necessary - Accounts for clothing
Status: in_force

25-07-08. Clothing may be furnished when necessary - Accounts for clothing

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 and shall

charge the individual for any clothing provided to the individual under this section if the

individual has reached the age of majority. If the superintendent certifies any charges under this

section as being correct, the charges are presumed correct in all courts.
N.D. Cent. Code § 25-03.3-19 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-19
25-03.3-19. Appeal
Status: in_force

25-03.3-19. Appeal

The respondent has the right to an appeal from an order of commitment or an order denying

a petition for discharge. Upon entry of an appealable order, the court shall notify the respondent

of the right to appeal and the right to counsel. The notice of appeal must be filed within thirty

days after entry of the order. The appeal must be limited to a review of the procedures, findings,

and conclusions of the committing court. Pending a decision on appeal, the order appealed from

remains in effect. If the respondent is an individual with an intellectual disability, the court shall

provide notice of the right to appeal to the respondent's attorney, the respondent's guardian, and

guardian ad litem.
N.D. Cent. Code § 25-01.1-29 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-29
25-01.1-29. Shortage in supplies - Liability of officer in charge
Status: in_force

25-01.1-29. Shortage in supplies - Liability of officer in charge

If it appears that there is a shortage in the supplies of any institution, the supervising

department having control of such institution shall appoint a committee to investigate the cause

thereof. If it appears that the shortage resulted from unavoidable loss, without the negligence of

the officer designated to have charge of the supplies, such officer must be credited therewith,

otherwise the officer must be charged with the amount thereof and must be required to pay the

same into the state treasury within sixty days after the determination of the loss. If default is

made in such payment, the officer shall forfeit the office and suit must be instituted upon the

officer's official bond to recover the same.
N.D. Cent. Code § 25-04-15 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-15
25-04-15. Expenses chargeable against guardianship estate of individual served - Restrictions
Status: in_force

25-04-15. Expenses chargeable against guardianship estate of individual served -

Restrictions.

The expenses chargeable by the state for the care and treatment of any individual served

over twenty-one years of age at the life skills and transition center must be charged against the

guardianship estate of such individual, if the individual has such an estate, subject to the

following restrictions:

1. No part of the estate may be taken for such purpose if the individual has dependents

within the United States dependent upon the estate for support and the taking of all or

a portion of the estate would result in undue hardship to those dependents.

2. No real property belonging to the estate may be sold during the lifetime of the

individual served except for the maintenance and support of the individual served's

dependents, unless it is shown that the sale of the property will not result in undue

hardship to those dependents, and it may be sold only upon the order of the district

court having jurisdiction of the estate, with the consent of the department.

3. No personal property belonging to the estate may be sold within five years from the

date upon which the individual was sent to the life skills and transition center unless

the property is ordered sold by the district court having jurisdiction of the estate for the

reason that the property is likely to deteriorate in value during the time herein

specified.

4. No claim may be made to recover from the estate of a former individual served of the

life skills and transition center who has left the life skills and transition center and

married and leaves a spouse or issue dependent upon such estate.
N.D. Cent. Code § 25-02-10 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-10
25-02-10. Attorney general to bring action against county
Status: repealed

25-02-10. Attorney general to bring action against county

Repealed by S.L. 1961, ch. 211, § 9.
N.D. Cent. Code § 25-04-20 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-20
25-04-20. Westwood park assets management committee
Status: repealed

25-04-20. Westwood park assets management committee

Repealed by S.L. 1999, ch. 34, § 39.
N.D. Cent. Code § 25-16-17 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-17
25-16-17. Purchase of services - Host home program
Status: in_force

25-16-17. Purchase of services - Host home program

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 a host home program to provide out-of-home

placement habilitation and support services for Medicaid-eligible individuals with

developmental disabilities.
N.D. Cent. Code § 25-03.3-21 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-21
25-03.3-21. Recovery of expense
Status: in_force

25-03.3-21. Recovery of expense

The department of health and human services, to the extent it has expended sums or

provided services pursuant to this title, may seek civil recovery from the property of the

respondent or committed individual. The department of health and human services must

commence the action within six years after the department paid the sums or provided the

services to the respondent or committed individual. After notice and hearing, the court may

order an individual to reimburse the department of health and human services for all or part of

the expenditures made for that individual pursuant to this chapter. In establishing the amount of

reimbursement ordered under this section, the court shall consider the ability of the respondent

or committed individual to pay.
N.D. Cent. Code § 25-03.1-02 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-02
25-03.1-02. Definitions
Status: in_force

25-03.1-02. Definitions

In this chapter, unless the context requires otherwise:

1. "Advanced practice registered nurse" means an individual who is licensed as an

advanced practice registered nurse under chapter 43-12.1 within the role of certified

nurse practitioner or certified clinical nurse specialist, who has completed the

requirements for a minimum of a master's degree in psychiatric and mental health

nursing from an accredited program, and who is functioning within the scope of

practice in one of the population foci as approved by the state board of nursing. This

chapter does not expand the scope of practice of an advanced practice registered

nurse beyond the scope of practice established by the state board of nursing.

2. "Alternative treatment order" means an involuntary outpatient order for a treatment

program, other than hospitalization, which may include treatment with a prescribed

medication.

3. "Consent" means voluntary permission based upon full disclosure of facts necessary

to make a decision and which is given by an individual who has the ability to

understand those facts.

4. "Court" means, except when otherwise indicated, the district court serving the county

in which the respondent resides.

5. "Department" means the department of health and human services.

6. "Director" means the director of a treatment facility or the director's designee.

7. "Expert examiner" means a licensed physician, physician assistant, psychiatrist,

psychologist trained in a clinical program, advanced practice registered nurse, or

licensed addiction counselor appointed by the court to examine the respondent and to

provide an evaluation of whether the respondent is a person requiring treatment.

8. "Independent expert examiner" means a licensed physician, physician assistant,

psychiatrist, psychologist trained in a clinical program, advanced practice registered

nurse, or licensed addiction counselor, chosen at the request of the respondent to

provide an independent evaluation of whether the respondent is a person requiring

treatment.

9. "Individual with a substance use disorder" means an individual with an illness or

disorder characterized by a maladaptive pattern of usage of alcohol or drugs, or a

combination thereof, resulting in social, occupational, psychological, or physical

problems.

10. "Magistrate" means the judge of the appropriate district or juvenile court or a judge

assigned by the presiding judge of the judicial district.

11. "Mental health professional" means:

a. A psychologist with at least a master's degree who has been either licensed or

approved for exemption by the North Dakota board of psychology examiners.

b. A social worker with a master's degree in social work from an accredited program.

c. An advanced practice registered nurse.

d. A registered nurse with a minimum of two years of psychiatric clinical experience

under the supervision of an expert examiner.

e. A licensed addiction counselor.

f. A licensed professional counselor with a master's degree in counseling from an

accredited program who has either successfully completed the advanced training

beyond the master's degree as required by the national academy of mental

health counselors or a minimum of two years of clinical experience in a mental

health agency or setting under the supervision of a psychiatrist or psychologist.

g. A physician assistant.

12. "Mentally ill person" or "person who is mentally ill" means an individual with an organic,

mental, or emotional disorder that substantially impairs the capacity to use self-control,

judgment, and discretion in the conduct of personal affairs and social relations. The

term does not include an individual with an intellectual disability of significantly

subaverage general intellectual functioning that originates during the developmental

period and is associated with impairment in adaptive behavior, although an individual

who is intellectually disabled may also be a person who is mentally ill. A substance use

disorder does not per se constitute mental illness, although an individual with a

substance use disorder may also be a person who is mentally ill.

13. "Person requiring treatment" means a person who is mentally ill or an individual with a

substance use disorder, and there is a reasonable expectation that if the individual is

not treated for the mental illness or substance use disorder there exists a serious risk

of harm to that individual, others, or property.

14. "Physician assistant" means an individual licensed to practice as a physician assistant

under chapter 43-17, who is authorized by the North Dakota board of medicine to

practice in the field of psychiatry, holds a certification in psychiatry approved by the

board, and is practicing under the supervision of a psychiatrist licensed to practice

medicine in this state. This chapter does not expand the scope of practice of a

physician assistant beyond the scope of practice authorized by the North Dakota

board of medicine.

15. "Private treatment facility" means any facility established under chapter 10-19.1 or

10-33 and licensed under chapter 23-16 or 50-31.

16. "Psychiatrist" means a licensed physician who has completed a residency program in

psychiatry.

17. "Public treatment facility" means any treatment facility not falling under the definition of

a private treatment facility.

18. "Qualified service organization" means a person that provides services to a treatment

facility such as data processing, bill collecting, dosage preparation, laboratory

analysis, or legal, medical, accounting, or other professional services, and which

agrees that in dealing with patient records, that person is bound by the confidentiality

restrictions of this chapter, except as otherwise provided for by law.

19. "Respondent" means an individual subject to petition for involuntary treatment.

20. "Serious risk of harm" means a substantial likelihood of:

a. Suicide, as manifested by suicidal threats, attempts, or significant depression

relevant to suicidal potential;

b. Killing or inflicting serious bodily harm on another individual or inflicting significant

property damage, as manifested by acts or threats;

c. Substantial deterioration in physical health, substantial injury, disease, or death,

based upon recent poor self-control or judgment in providing one's shelter,

nutrition, or personal care; or

d. Substantial deterioration in mental health which would predictably result in danger

to that individual, others, or property, based upon:

(1) Evidence of objective facts to establish the loss of cognitive or volitional

control over the individual's thoughts or actions; or

(2) Acts or threats; patterns in the individual's treatment history; the individual's

current condition; and other relevant factors, including the effect of the

individual's mental condition on the individual's ability to consent.

21. "Substantial likelihood" may take into account an individual's history and recent

behavior.

22. "Superintendent" means the state hospital superintendent or the superintendent's

designee.

23. "Third-party payer" means a person that pays, or agrees to pay, for diagnosis or

treatment furnished to a patient on the basis of a contractual relationship with the

patient or a member of the patient's family, or on the basis of the patient's eligibility for

federal, state, or local governmental benefits, and includes any person providing audit

or evaluation activities for the third-party payer.

24. "Treatment facility" or "facility" means any hospital, including the state hospital at

Jamestown, or any evaluation and treatment facility that provides directly, or by direct

arrangement with other public or private agencies, emergency evaluation and

treatment, outpatient care, and inpatient care to a person who is mentally ill or a

person who has a substance use disorder.
N.D. Cent. Code § 25-01.1-30 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-30
25-01.1-30. Monthly statement of institutional expenditures and payroll to supervising department
Status: in_force

25-01.1-30. Monthly statement of institutional expenditures and payroll to supervising

department.

An officer designated by the supervising department for each institution under its control

shall prepare two monthly statements showing first the payroll and second the expenditures of

every kind during the preceding month. Such statement must be signed by the officer, approved

by the superintendent of the institution, and filed with the supervising department on a date fixed

by the supervising department for the examination and audit of such department. Attached

thereto must be the affidavit of the officer stating that the services therein specified were

rendered and that the goods and other articles therein specified were purchased and received

by the officer or under the officer's direction at the institution and were purchased at a fair cash

market price on credit not exceeding thirty days, that neither the officer nor any person in the

officer's behalf had any pecuniary or other interest in the purchases made, that the officer did

not receive any pecuniary or other benefit therefrom, directly or indirectly, by commission,

percentage, deductions or in any other manner whatever, and that the articles contained in such

bill conformed in all respects to the invoiced goods received and ordered by the officer or the

samples from which the goods were purchased, both in quality and quantity. Such monthly

statement must be accompanied by the original invoices of all institutional purchases and a

complete itemized statement of each institutional expenditure. If any invoice or statement, or

any part thereof, is found objectionable, the supervising department having control of such

institution shall endorse its disapproval thereon with its reasons therefor, and shall return it to

the management of the institution, and when the matter disapproved of is corrected, the

statement and invoice must be returned to the supervising department.
N.D. Cent. Code § 25-04-18 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-18
25-04-18. Limitations of this chapter
Status: in_force

25-04-18. Limitations of this chapter

The provisions of this chapter may not be construed to limit or broaden the plaintiff class as

defined by order of the United States district court for the district of North Dakota entered on

January 13, 1981, in civil number A1-80-141.
N.D. Cent. Code § 25-01-05 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-05
25-01-05. General powers and duties of superintendents of various institutions
Status: in_force

25-01-05. General powers and duties of superintendents of various institutions

The superintendent of each of the institutions mentioned in this chapter is the chief

executive officer of the institution of which the person is superintendent and, in connection with

such institution, shall:

1. Employ all employees and assistants required in the management of the institution,

the number of whom must be determined in cooperation with the supervising officer.

2. Have general charge of the institution and of the grounds thereof.

3. Have general charge of the direction, treatment, control, and discipline of all persons,

employees, and patients at or connected with the institution.

4. Formulate, subject to the approval of the supervising officer, all rules and regulations

relating to the conduct of the persons within and employees of the institution.

5. Maintain salutary discipline among all employees and persons or patients in or

connected with the institution and enforce strict obedience to all rules and regulations

thereof.

6. Cause complete records to be kept of all persons admitted to the institution.

7. Submit to the supervising officer reports of the institution in such form, at such times,

and containing such information, as may be required by the supervising officer.

8. Employ only licensed physicians as members of the institutional physician staff.
N.D. Cent. Code § 25-03.2-04 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-04
25-03.2-04. Conviction not bar to licensure - Exceptions
Status: in_force

25-03.2-04. Conviction not bar to licensure - Exceptions

Conviction of an offense by an owner or operator of a facility does not disqualify the

psychiatric residential treatment facility for children from licensure 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 psychiatric residential treatment facility for children, or that, following

conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 25-03.1-23 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-23
25-03.1-23. Petition for continuing treatment orders
Status: in_force

25-03.1-23. Petition for continuing treatment orders

A petition for an order authorizing continuing treatment must contain a statement setting

forth the specific facts that are the basis of the determination the patient continues to be a

person requiring treatment; a statement describing the treatment program provided to the

patient and the results of that treatment; and a clinical estimate as to how long further treatment

will be required. The petition must be accompanied by a certificate executed by a physician,

physician assistant, psychiatrist, psychologist, advanced practice registered nurse, or licensed

addiction counselor, any of whom is practicing within that individual's professional scope of

practice.
N.D. Cent. Code § 25-03.3-12 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-12
25-03.3-12. Sexually dangerous individual - Evaluation
Status: in_force

25-03.3-12. Sexually dangerous individual - Evaluation

The evaluation must be conducted by one or more experts chosen by the commissioner.

Whenever a respondent is subject to an evaluation pursuant to this chapter, the respondent may

retain an expert to perform an evaluation or testify on the respondent's behalf. When the

respondent is an adult with an intellectual disability and a guardian or guardian ad litem has not

been appointed for the respondent, the court shall appoint an expert to perform an evaluation on

behalf of the respondent. In the case of a respondent who is indigent, the court shall appoint a

qualified expert to perform an examination or participate in the commitment proceeding on the

respondent's behalf. The department of health and human services shall compensate any

qualified expert appointed by the court on behalf of an indigent respondent in a reasonable

amount based on time and expenses. An expert retained on behalf of the respondent must have

reasonable access to the respondent for the purpose of the examination and to all relevant

medical, psychological, and court records and reports.
N.D. Cent. Code § 25-01.2-18 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-18
25-01.2-18. Authority to adopt rules
Status: in_force

25-01.2-18. Authority to adopt rules

The department of health and human services may adopt, in accordance with chapter

28-32, any rules necessary to implement this chapter. The superintendent of public instruction

may adopt rules to implement this chapter in schools. The rules adopted may not restrict or limit

the rights guaranteed by this chapter.
N.D. Cent. Code § 25-06-06 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-06
25-06-06. Transportation of indigent persons
Status: repealed

25-06-06. Transportation of indigent persons

Repealed by S.L. 1979, ch. 336, § 3.
N.D. Cent. Code § 25-04-11 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-11
25-04-11. Disposition of individual who is not a legal resident
Status: in_force

25-04-11. Disposition of individual who is not a legal resident

If an individual who has no legal residence in this state is subject to admission to the life

skills and transition center, by order of a court pursuant to section 25-04-06, such individual

must be admitted, at the expense of the county, to the life skills and transition center in the

same manner as a resident of this state who is found to be in need of services offered at the life

skills and transition center, and the superintendent of the life skills and transition center shall

then arrange for the transportation of such individual to the place where the individual belongs.

The department shall ascertain the place where such individual belongs when the same

conveniently can be done.
N.D. Cent. Code § 25-03.2-06 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-06
25-03.2-06. Admission criteria
Status: in_force

25-03.2-06. Admission criteria

A child may be admitted to a psychiatric residential treatment facility for children if:

1. The child has been diagnosed by a psychiatrist or psychologist as suffering from a

mental illness or emotional disturbance;

2. The child's situation meets the definition of serious risk of harm; and

3. A less restrictive setting cannot meet the immediate treatment need.
N.D. Cent. Code § 25-03.3-17 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-17
25-03.3-17. Postcommitment proceeding, discharge, and further disposition
Status: in_force

25-03.3-17. Postcommitment proceeding, discharge, and further disposition

1. A committed individual must remain in the care, custody, and control of the

commissioner until, in the opinion of the commissioner, the individual is safe to be at

large.

2. Each committed individual must have an examination of that individual's mental

condition at least once a year. A report regarding the examination must be provided to

the court that committed the individual. At the time of the annual examination, the

committed individual has the right to have an expert examine the individual, and, upon

the request of an indigent committed individual, the court shall appoint a qualified

expert to examine the committed individual and report to the court. The department of

health and human services shall compensate a qualified expert appointed by the court

in a reasonable amount based on time and expenses. That expert must have

reasonable access to the committed individual and to all records relating to the

committed individual, including confidential records.

3. If a committed individual has been committed to an out-of-state facility by the

commissioner for purposes of treatment, an expert from that state may be appointed

by the court as a qualified expert for an indigent committed individual for any

postcommitment proceeding.

4. After any report pursuant to this section is provided to the court, the court may order

further examination and investigation of the committed individual as the court

considers necessary. The court may set the matter for a hearing. At the hearing, the

committed individual is entitled to be present and to the benefit of the protections

afforded at the commitment proceeding. The state's attorney shall represent the state

at the hearing. After the hearing, the court shall determine whether the committed

individual is to be discharged or to be retained as a sexually dangerous individual in

the care, custody, and control of the commissioner.

5. The commissioner may only discharge a sexually dangerous individual from

commitment pursuant to a court order. The commissioner may petition the committing

court at any time for the discharge of the committed individual. The commissioner shall

give the state's attorney notice of any petition for discharge the commissioner files with

the court. Before the petition is granted, the state's attorney has the right to be heard

by the court on the petition. The state's attorney may waive this right.

6. If the commissioner moves a committed individual from a placement in the community

to a placement in a secure treatment facility that is more restrictive, the committed

individual may challenge the move at a hearing to be held within thirty days after the

move in accordance with procedures established by the department of health and

human services.
N.D. Cent. Code § 25-01.1-34 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-34
25-01.1-34. Supervising department, employees, or employees of institutions not to be interested in contracts
Status: in_force

25-01.1-34. Supervising department, employees, or employees of institutions not to

be interested in contracts.

No member of the supervising department, nor any employee of any of the same, nor any

employee of the institutions under control of the supervising department, may be interested,

directly or indirectly, in any contract, purchase, or sale for or on account of any of the institutions

under control of such supervising department. Any violation of the provisions of this section is

sufficient cause for removal from office.
N.D. Cent. Code § 25-01.1-13 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-13
25-01.1-13. Supervising department to keep record of persons in institutions
Status: in_force

25-01.1-13. Supervising department to keep record of persons in institutions

The supervising department shall keep in its office a record showing:

1. The residence, sex, age, nativity, occupation, religion, civil condition, and date of

entrance or commitment of every person, patient, or inmate in the institutions under its

control and administration.

2. The date of discharge of every such person from the institutions, and whether such

discharge was final.

3. The condition of the person at the time the person left the institution.

4. If a person is transferred from one institution to another, to what institution transferred.

5. If a person, patient, or inmate of an institution dies, the date and cause of death.

This information must be furnished to the supervising department by the institutions under its

control. Such other obtainable facts must be furnished as the supervising department, from time

to time, may require. No one may have access to the records, except as authorized by the

supervising department, or on the order of a court of record.
N.D. Cent. Code § 25-01.1-09 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-09
25-01.1-09. Investigation of institutions - Witnesses - Fees - Not excused from testifying
Status: in_force

25-01.1-09. Investigation of institutions - Witnesses - Fees - Not excused from

testifying.

The supervising department, in aid of the investigation of any institution under its control,

may summon and compel the attendance of witnesses and examine the same under oath,

which any member thereof shall have the power to administer. The supervising department shall

have access to all books, accounts, papers, and property material to such investigation and may

order the production of any other books or papers material thereto. Witnesses other than those

in the employ of the state are entitled to the same fees as are allowed in civil cases in the

district court. The claim that any testimony or evidence sought to be elicited or produced on

such examination may tend to incriminate the person giving or producing it, or expose that

person to public ignominy, does not excuse that person from testifying or producing evidence,

documentary or otherwise, but no person may be prosecuted or subjected to any penalty or

forfeiture for and on account of any matter or thing concerning which the person may testify or

produce such evidence. The witness is not exempt from prosecution and punishment for perjury

committed in so testifying.
N.D. Cent. Code § 25-16-07 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-07
25-16-07. Confidential records
Status: in_force

25-16-07. Confidential records

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 those

records, except:

1. In a judicial proceeding when ordered by the presiding judge;

2. To a law enforcement official for a law enforcement purpose or any other legally

constituted boards or agencies serving the interests of the eligible individuals for

treatment, payment, or health care operations, to arrange, facilitate, or coordinate

service to any such person;

3. To the parents or legal guardians of the eligible individual;

4. To a physician to aid in the treatment of an individual within the fourth degree of

consanguinity of a deceased eligible individual, if the disclosure is limited to genetic

health information that has a direct bearing on the health of the relative, the relative's

child, or the relative's decision to have a child; or

5. To an individual who is within the fourth degree of consanguinity of a deceased eligible

individual, if the disclosure is limited to information about an eligible individual needed

to establish a family's genealogy.
N.D. Cent. Code § 25-16.1-04 — ND Code / Title 25 / Chapter 25-16.1 / Section 25-16.1-04
25-16.1-04. Termination of receivership
Status: in_force

25-16.1-04. Termination of receivership

The receivership shall be terminated when the receiver and the court certify that the

conditions which prompted the appointment have been corrected, when the license is restored,

when a new license is issued, or, in the case of an election by the owner or owners to

discontinue operation, when the clients are safely placed or provided services in other provider

agencies.
N.D. Cent. Code § 25-01.2-07 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-07
25-01.2-07. Medical and dental services - Application to residential institution or facility
Status: in_force

25-01.2-07. Medical and dental services - Application to residential institution or

facility.

All residents of an institution or facility are entitled to appropriate and adequate medical and

dental services, which must be provided by qualified professionals who are licensed to practice

or are otherwise authorized to provide medical and dental services pursuant to state and federal

law and regulations. This section applies only with respect to an institution or facility that

provides residential care.
N.D. Cent. Code § 25-03.1-45 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-45
25-03.1-45. Expungement of records
Status: in_force

25-03.1-45. Expungement of records

Following the discharge of a respondent from a treatment facility or the state hospital or the

issuance of a court order denying a petition for commitment, a respondent may at any time

move to have all court records pertaining to the proceedings expunged on condition that the

respondent file a full release of all claims of whatever nature arising out of the proceedings.
N.D. Cent. Code § 25-17-07 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-07
25-17-07. Institutional review board
Status: in_force

25-17-07. Institutional review board

A person that conducts research on blood spots, other specimens, or registry data that is

maintained by the department shall follow institutional review board processes for human

research which must include obtaining parent or guardian authorization.
N.D. Cent. Code § 25-01.1-25 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-25
25-01.1-25. Office of management and budget may purchase supplies on open market
Status: repealed

25-01.1-25. Office of management and budget may purchase supplies on open

market.

Repealed by S.L. 1979, ch. 568, § 11.
N.D. Cent. Code § 25-01.1-11 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-11
25-01.1-11. Failure to testify - Contempt
Status: in_force

25-01.1-11. Failure to testify - Contempt

Any person who fails or refuses to obey the orders of the supervising department issued in

an investigation of any institution under its control, or to give or produce evidence when

required, must be reported by the supervising department to the district court or any judge

thereof and must be dealt with by the court or judge as for contempt of court.
N.D. Cent. Code § 25-07-02.1 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-02.1
25-07-02.1. Criminal history record checks
Status: in_force

25-07-02.1. Criminal history record checks

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 the manner provided in section 12-60-24. The school for the deaf may assess all costs

associated with obtaining a criminal history record check to the individual upon whom the

criminal history record check is conducted.
N.D. Cent. Code § 25-07-03 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-03
25-07-03. Matron - Duties
Status: repealed

25-07-03. Matron - Duties

Repealed by S.L. 1971, ch. 274, § 3.
N.D. Cent. Code § 25-14-01 — ND Code / Title 25 / Chapter 25-14 / Section 25-14-01
25-14-01. Enactment of interstate compact on mentally disordered offenders
Status: in_force

25-14-01. Enactment of interstate compact on mentally disordered offenders

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

ARTICLE I - PURPOSE AND POLICY

1. The party states, desiring by common action to improve their programs for the care

and treatment of mentally disordered offenders, declare that it is the policy of each of

the party states to:

a. Strengthen their own programs and laws for the care and treatment of the

mentally disordered offender.

b. Encourage and provide for such care and treatment in the most appropriate

locations, giving due recognition to the need to achieve adequacy of diagnosis,

care, treatment, after-care, and auxiliary services and facilities and, to every

extent practicable, to do so in geographic locations convenient for providing a

therapeutic environment.

c. Authorize cooperation among the party states in providing services and facilities,

when it is found that cooperative programs can be more effective and efficient

than programs separately pursued.

d. Place each mentally disordered offender in a legal status which will facilitate the

offender's care, treatment, and rehabilitation.

e. Authorize research and training of personnel on a cooperative basis, in order to

improve the quality or quantity of personnel available for the proper staffing of

programs, services, and facilities for mentally disordered offenders.

f. Care for and treat mentally disordered offenders under conditions which will

improve the public safety.

2. Within the policies set forth in this article, it is the purpose of this compact to:

a. Authorize negotiation, entry into, and operations under contractual arrangements

among any two or more of the party states for the establishment and

maintenance of cooperative programs in any one or more of the fields for which

specific provision is made in the several articles of this compact.

b. Set the limits within which such contracts may operate, so as to assure protection

of the civil rights of mentally disordered offenders and protection of the rights and

obligations of the public and of the party states.

c. Facilitate the proper disposition of criminal charges pending against mentally

disordered offenders, so that programs for their care, treatment, and rehabilitation

may be carried on efficiently.

ARTICLE II - DEFINITIONS

As used in this compact:

1. "Mentally disordered offender" means a person who has been determined, by

adjudication or other method legally sufficient for the purpose in the party state where

the determination is made, to be mentally ill and:

a. Is under sentence for the commission of crime; or

b. Who is confined or committed on account of the commission of an offense for

which, in the absence of mental illness, said person would be subject to

incarceration in a penal or correctional facility.

2. "Patient" means a mentally disordered offender who is cared for, treated, or transferred

pursuant to this compact.

3. "Receiving state" means a state party to this compact to which a mentally disordered

offender is sent for care, after-care, treatment, or rehabilitation, or within the meaning

of article V, the state in which a petition in connection with an untried indictment,

information, or complaint has been filed.

4. "Sending state" means a state party to this compact in which the mentally disordered

offender was convicted; or the state in which the offender would be subject to trial on

or conviction of an offense, except for the offender's mental condition; or, within the

meaning of article V, the state whose authorities have filed a petition in connection with

an untried indictment, information, or complaint.

ARTICLE III - CONTRACTS

1. Each party state may make one or more contracts with any one or more of the other

party states for the care and treatment of mentally disordered offenders on behalf of a

sending state in facilities situated in receiving states, or for the participation of such

mentally disordered offenders in programs of after-care on conditional release

administered by the receiving state. Any such contract shall provide for:

a. Its duration.

b. Payments to be made to the receiving state by the sending state for patient care,

treatment, and extraordinary services, if any.

c. Determination of responsibility for ordering or permitting the furnishing of

extraordinary services, if any.

d. Participation in compensated activities, if any, available to patients; the

disposition or crediting of any payment received by patients on account thereof;

and the crediting of proceeds from or disposal of any products resulting

therefrom.

e. Delivery and retaking of mentally disordered offenders.

f. Such other matters as may be necessary and appropriate to fix the obligations,

responsibilities, and rights of the sending and receiving states.

2. Prior to the construction or completion of construction of any facility for mentally

disordered offenders or addition to such facility by a party state, any other party state

or states may contract therewith for the enlargement of the planned capacity of the

facility or addition thereto, or for the inclusion therein of particular equipment or

structures, and for the reservation of a specific per centum of the capacity of the facility

to be kept available for use by patients of the sending state or states so contracting.

Any sending state so contracting may, to the extent that moneys are legally available

therefor, pay to the receiving state, a reasonable sum as consideration for such

enlargement of capacity, or provision of equipment or structures, and reservation of

capacity. Such payment may be in a lump sum or in installments as provided in the

contract.

3. A party state may contract with any one or more other party states for the training of

professional or other personnel whose services, by reason of such training, would

become available for or be improved in respect of ability to participate in the care and

treatment of mentally disordered offenders. Such contracts may provide for such

training to take place at any facility being operated or to be operated for the care and

treatment of mentally disordered offenders; at any institution or facility having

resources suitable for the offering of such training; or may provide for the separate

establishment of training facilities, provided that no such separate establishment shall

be undertaken, unless it is determined that an appropriate existing facility or institution

cannot be found at which to conduct the contemplated program. Any contract entered

into pursuant to this paragraph shall provide for:

a. The administration, financing, and precise nature of the program.

b. The status and employment or other rights of the trainees.

c. All other necessary matters.

4. No contract entered into pursuant to this compact shall be inconsistent with any

provision thereof.

ARTICLE IV - PROCEDURES AND RIGHTS

1. Whenever the duly constituted judicial or administrative authorities in a state party to

this compact, and which has entered into a contract pursuant to article III, shall decide

that custody, care, and treatment in, or transfer of a patient to, a facility within the

territory of another party state, or conditional release for after-care in another party

state is necessary in order to provide adequate care and treatment or is desirable in

order to provide an appropriate program of therapy or other treatment, or is desirable

for clinical reasons, said officials may direct that the custody, care, and treatment be

within a facility or in a program of after-care within the territory of said other party state,

the receiving state to act in that regard solely as agent for the sending state.

2. The appropriate officials of any state party to this compact shall have access, at all

reasonable times, to any facility in which it has a contractual right to secure care or

treatment of patients for the purpose of inspection and visiting such of its patients as

may be in the facility or served by it.

3. Except as otherwise provided in article VI, patients in a facility pursuant to the terms of

this compact shall at all times be subject to the jurisdiction of the sending state and

may at any time be removed for transfer to a facility within the sending state, for

transfer to another facility in which the sending state may have a contractual or other

right to secure care and treatment of patients, for release on after-care or other

conditional status, for discharge, or for any other purpose permitted by the laws of the

sending state; provided that the sending state shall continue to be obligated to such

payments as may be required pursuant to the terms of any contract entered into under

the terms of article III.

4. Each receiving state shall provide regular reports to each sending state on the patients

of that sending state in facilities pursuant to this compact, including a psychiatric and

behavioral record of each patient and certify said record to the official designated by

the sending state, in order that each patient may have the benefit of the patient's

record in determining and altering the disposition of said patient in accordance with the

law which may obtain in the sending state and in order that the same may be a source

of information for the sending state.

5. All patients who may be in a facility or receiving after-care from a facility pursuant to

the provisions of this compact shall be treated in a reasonable and humane manner

and shall be cared for, treated, and supervised in accordance with the standards

pertaining to the program administered at the facility. The fact of presence in a

receiving state shall not deprive any patient of any legal rights which said patient

would have had if in custody or receiving care, treatment, or supervision as

appropriate in the sending state.

6. Any hearing or hearings to which a patient present in a receiving state pursuant to this

compact may be entitled by the laws of the sending state shall be had before the

appropriate authorities of the sending state, or of the receiving state if authorized by

the sending state. The receiving state shall provide adequate facilities for such

hearings as may be conducted by the appropriate officials of a sending state. In the

event such hearing or hearings are had before officials of the receiving state, the

governing law shall be that of the sending state and a record of the hearing or

hearings as prescribed by the sending state shall be made. Said record together with

any recommendations of the hearing officials shall be transmitted forthwith to the

official or officials before whom the hearing would have been had if it had taken place

in the sending state. In any and all proceedings had pursuant to the provisions of this

paragraph, the officials of the receiving state shall act solely as agents of the sending

state and no final determination shall be made in any matter except by the appropriate

officials of the sending state. Costs of records made pursuant to this paragraph shall

be borne by the sending state.

7. Any patient confined pursuant to this compact shall be released within the territory of

the sending state unless the patient, and the sending and receiving states, shall agree

upon release in some other place. The sending state shall bear the cost of such return

to its territory.

8. Any patient pursuant to the terms of this compact shall be subject to civil process and

shall have any and all rights to sue, be sued, and participate in and derive any benefits

or incur or be relieved of any obligations or have such obligations modified or the

patient's status changed on account of any action or proceeding in which the patient

could have participated if in any appropriate facility of the sending state or being

supervised therefrom, as the case may be, located within such state.

9. The parent, guardian, trustee, or other person or persons entitled under the laws of the

sending state to act for, advise, or otherwise function with respect to any patient shall

not be deprived of or restricted in the exercise of any power in respect of any patient

pursuant to the terms of this compact.

ARTICLE V - DISPOSITION OF CHARGES

1. Whenever the authorities responsible for the care and treatment of a mentally

disordered offender, whether convicted or adjudicated in the state or subject to care,

after-care, treatment, or rehabilitation pursuant to a contract, are of the opinion that

charges based on untried indictments, informations, or complaints in another party

state present obstacles to the proper care and treatment of a mentally disordered

offender or to the planning or execution of a suitable program for the offender, such

authorities may petition the appropriate court in the state where the untried indictment,

information, or complaint is pending for prompt disposition thereof. If the mentally

disordered offender is a patient in a receiving state, the appropriate authorities of the

sending state, upon recommendation of the appropriate authorities in the receiving

state, shall, if they concur in the recommendation, file the petition contemplated by this

paragraph.

2. The court shall hold a hearing on the petition within thirty days of the filing thereof.

Such hearing shall be only to determine whether the proper safeguarding and

advancement of the public interest, the condition of the mentally disordered offender,

and the prospects for more satisfactory care, treatment, and rehabilitation of the

offender warrant disposition of the untried indictment, information, or complaint prior to

termination of the defendant's status as a mentally disordered offender in the sending

state. The prosecuting officer of the jurisdiction from which the untried indictment,

information, or complaint is pending, the petitioning authorities, and such other

persons as the court may determine shall be entitled to be heard.

3. Upon any hearing pursuant to this article, the court may order such adjournments or

continuances as may be necessary for the examination or observation of the mentally

disordered offender or for the securing of necessary evidence. In granting or denying

any such adjournment or continuance, the court shall give primary consideration to the

purposes of this compact, and more particularly to the need for expeditious

determination of the legal and mental status of a mentally disordered offender so that

the offender's care, treatment, and discharge to the community only under conditions

which will be consonant with the public safety may be implemented.

4. The presence of a mentally disordered offender within a state wherein a petition is

pending or being heard pursuant to this article, or the offender's presence within any

other state through which the offender is being transported in connection with such

petition or hearing, shall be only for the purposes of this compact, and no court,

agency, or person shall have or obtain jurisdiction over such mentally disordered

offender for any other purpose by reason of the offender's presence pursuant to this

article. The mentally disordered offender shall, at all times, remain in the custody of the

sending state. Any acts of officers, employees, or agencies of the receiving state in

providing or facilitating detention, housing, or transportation for the mentally disordered

offender shall be only as agents for the sending state.

5. Promptly upon conclusion of the hearing, the court shall dismiss the untried indictment,

information, or complaint, if it finds that the purposes enumerated in paragraph 2

would be served thereby. Otherwise, the court shall make such order with respect to

the petition and the untried indictment, information, or complaint as may be

appropriate in the circumstances and consistent with the status of the defendant as a

mentally disordered offender in the custody of and subject to the jurisdiction of the

sending state.

6. No fact or other matter established or adjudicated at any hearing pursuant to this

article, or in connection therewith, shall be deemed established or adjudicated, nor

shall the same be admissible in evidence, in any subsequent prosecution of the

untried indictment, information, or complaint concerned in a petition filed pursuant to

this article unless:

a. The defendant or the defendant's duly empowered legal representative requested

or expressly acquiesced in the making of the petition, and was afforded an

opportunity to participate in person in the hearing; or

b. The defendant offers or consents to the introduction of the determination or

adjudication at such subsequent proceedings.

ARTICLE VI - ACTS NOT REVIEWABLE IN RECEIVING STATE - RETURN

1. Any decision of the sending state in respect of any matter over which it retains

jurisdiction pursuant to this compact shall be conclusive upon and not reviewable

within the receiving state, but if at the time the sending state seeks to remove a patient

from the receiving state there is pending against the patient within such state any

criminal charge or if the patient is suspected of having committed within such state a

criminal offense, the patient shall not be returned without the consent of the receiving

state until discharged from prosecution or other form of proceeding, imprisonment, or

detention for such offense. The duly accredited officers of the sending state shall be

permitted to transport patients pursuant to this compact through any and all states

party to this compact without interference.

2. A patient who escapes while receiving care and treatment or who violates provisions of

after-care by leaving the jurisdiction, or while being detained or transported pursuant to

this compact shall be deemed an escapee from the sending state and from the state in

which the facility is situated or the after-care was being provided. In the case of an

escape to a jurisdiction other than the sending or receiving state, the responsibility for

return shall be that of the sending state, but nothing contained herein shall be

construed to prevent or affect the activities of officers and agencies of any jurisdiction

directed toward the apprehension and return of an escapee.

ARTICLE VII - FEDERAL AID

Any state party to this compact may accept federal aid for use in connection with any facility

or program, the use of which is or may be affected by this compact or any contract pursuant

thereto and any patient in a receiving state pursuant to this compact may participate in any such

federally aided program or activity for which the sending and receiving states have made

contractual provision; provided that if such program or activity is not part of the customary

regimen of the facility or program, the express consent of the appropriate official of the sending

state shall be required therefor.

ARTICLE VIII - ENTRY INTO FORCE

This compact shall enter into force and become effective and binding upon the states so

acting when it has been enacted into law by any two states from among the states of Illinois,

Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South

Dakota, and Wisconsin. Thereafter, this compact shall enter into force and become effective and

binding as to any other of said states, or any other state upon similar action by such state.

ARTICLE IX - WITHDRAWAL AND TERMINATION

This compact shall continue in force and remain binding upon a party state until it shall have

enacted a statute repealing the same and providing for the sending of formal written notice of

withdrawal from the compact to the appropriate officials of all other party states. An actual

withdrawal shall not take effect until two years after the notices provided in said statute have

been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed

hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a

withdrawing state shall remove to its territory, at its own expense, such patients as it may have

in other party states pursuant to the provisions of this compact.

ARTICLE X - OTHER ARRANGEMENTS UNAFFECTED

Nothing contained in this compact shall be construed to abrogate or impair any agreement

or other arrangement which a party state may have with a nonparty state for the custody, care,

treatment, rehabilitation, or after-care of patients nor to repeal any other laws of a party state

authorizing the making of cooperative arrangements.

ARTICLE XI - CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed and shall be severable. If any

phrase, clause, sentence, or provision of this compact is declared to be contrary to the

constitution of any participating state or of the United States or the applicability thereof to any

government, agency, person, or circumstance is held invalid, the validity of the remainder of this

compact and the applicability thereof to any government, agency, person, or circumstance shall

not be affected thereby. If this compact shall be held contrary to the constitution of any state

participating therein, the compact shall remain in full force and effect as to the remaining states

and in full force and effect as to the state affected as to all severable matters.
N.D. Cent. Code § 25-03.1-26 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-26
25-03.1-26. Emergency procedure - Acceptance of petition and individual - Notice - Court hearing set
Status: in_force

25-03.1-26. Emergency procedure - Acceptance of petition and individual - Notice -

Court hearing set.

1. A public treatment facility immediately shall accept and a private treatment facility may

accept on a provisional basis the application and the individual admitted under section
N.D. Cent. Code § 25-03.3-15 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-15
25-03.3-15. Evidence of prior acts
Status: in_force

25-03.3-15. Evidence of prior acts

Notwithstanding any other provision of law, in any proceeding pursuant to this chapter,

evidence of prior sexually predatory conduct or criminal conduct, including a record of the

juvenile court, is admissible.
N.D. Cent. Code § 25-03.1-17 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-17
25-03.1-17. Involuntary treatment - Right to preliminary hearing
Status: in_force

25-03.1-17. Involuntary treatment - Right to preliminary hearing

1. A respondent who is in custody under section 25-03.1-25 and who is alleged to be a

mentally ill person or to be a person who is both mentally ill and has a substance use

disorder is entitled to a preliminary hearing.

a. At the preliminary hearing the court shall review the medical report. During the

hearing the court shall allow the petitioner and the respondent an opportunity to

testify and to present and cross-examine witnesses, and the court may receive

the testimony of any other interested person. The court may receive evidence

that would otherwise be inadmissible at a treatment hearing.

b. At the conclusion of the hearing, if the court does not find probable cause to

believe the individual is a person requiring treatment, the court shall dismiss the

petition and order the respondent be discharged from the treatment facility if the

respondent was detained before the hearing.

2. If the court finds probable cause to believe the respondent is a person requiring

treatment, the court shall consider less restrictive alternatives to involuntary detention

and treatment.

a. The court may order the respondent to undergo up to fourteen days' treatment

under a less restrictive alternative or, if the court finds alternative treatment is not

in the best interests of the respondent or others, the court shall order the

respondent detained for up to fourteen days for involuntary treatment in a

treatment facility.

b. The court shall specifically state to the respondent and give written notice that if

involuntary treatment beyond the fourteen-day period is to be sought, the

respondent will have the right to a treatment hearing as required by this chapter.

3. Except for good cause, the court may not consider medical records relating to the

respondent, unless the petitioner and respondent receive the medical records at least

twenty-four hours before the hearing.
N.D. Cent. Code § 25-02-03.1 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-03.1
25-02-03.1. Collaborative care - Consultation services
Status: in_force

25-02-03.1. Collaborative care - Consultation services

The state hospital may provide behavioral health collaborative care and consultation

services, including psychiatric consultation, with private providers and correctional facility

providers.
N.D. Cent. Code § 25-01.1-37 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-37
25-01.1-37. Political influence or contribution by members of supervising department or employees of institution prohibited
Status: in_force

25-01.1-37. Political influence or contribution by members of supervising department

or employees of institution prohibited.

Any member or officer of the supervising department, or any officer or employee of an

institution subject to control of the supervising department, who, by solicitation or otherwise,

exerts the person's influence, directly or indirectly, to induce other officers or employees of the

state to adopt the person's political views must be removed from the person's office or position

by the proper authorities.
N.D. Cent. Code § 25-03.2-03.1 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-03.1
25-03.2-03.1. Moratorium on expansion of psychiatric residential treatment facility for children bed capacity - Exchange of bed capacity
Status: in_force

25-03.2-03.1. Moratorium on expansion of psychiatric residential treatment facility for

children bed capacity - Exchange of bed capacity.

1. Notwithstanding sections 25-03.2-03 and 25-03.2-08, unless a needs assessment

conducted by the department indicates a need for the licensing of additional bed

capacity, the department may not issue a license under this chapter for any additional

bed capacity for a psychiatric residential treatment facility for children above the state's

gross number of beds licensed as of June 30, 2003. This subsection does not apply to

nor prohibit the department from licensing additional bed capacity for a new psychiatric

residential treatment facility for children if the additional beds are designated for the

care of children and adolescents who are residents of other states.

2. Notwithstanding subsection 1, the department may develop a policy to:

a. Exchange qualified residential treatment program bed capacity licensed under

chapter 50-11 with psychiatric residential treatment facility bed capacity; or

b. Exchange psychiatric residential treatment facility bed capacity with qualified

residential treatment program bed capacity licensed under chapter 50-11.
N.D. Cent. Code § 25-06-02.1 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-02.1
25-06-02.1. North Dakota vision services - school for the blind - Appointment of superintendent, budget, staff, and reporting structure
Status: in_force

25-06-02.1. North Dakota vision services - school for the blind - Appointment of

superintendent, budget, staff, and reporting structure.

The superintendent of the North Dakota vision services - school for the blind is appointed by

and reports to the superintendent of public instruction. The North Dakota vision services -

school for the blind must have a separate budget and separate staff from the department of

public instruction.
N.D. Cent. Code § 25-02-01 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-01
25-02-01. State hospital for the mentally ill - Location - Title - Administration and control
Status: in_force

25-02-01. State hospital for the mentally ill - Location - Title - Administration and

control.

An institution for the care of the mentally ill must be maintained at the city of Jamestown

and must be known as the state hospital. The department of health and human services shall

administer and control the state hospital.
N.D. Cent. Code § 25-03.1-18 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-18
25-03.1-18. Involuntary treatment - Release
Status: in_force

25-03.1-18. Involuntary treatment - Release

The superintendent or the director may release a patient subject to a fourteen-day

evaluation and treatment order or a seven-day emergency order if, in the superintendent's or

director's opinion, the respondent does not meet the criteria of a person requiring treatment or,

before the expiration of the fourteen-day order, the respondent no longer requires inpatient

treatment. The court must be notified of the release and the reasons therefor. If the respondent

is released because the respondent does not meet the criteria of a person requiring treatment,

the court shall dismiss the petition.
N.D. Cent. Code § 25-01.3-07 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-07
25-01.3-07. Access to records, facilities, and persons - Rules
Status: in_force

25-01.3-07. Access to records, facilities, and persons - Rules

A caretaker shall provide the project access to the person with developmental disabilities or

mental illness and to the facility where the person resides. The committee shall adopt rules

regarding access to the records of a client for the purpose of investigating complaints or reports

and monitoring service delivery systems. Any rules adopted under this section must comply with

subsection 4 of section 25-01.2-03, section 25-16-07, 42 U.S.C. 6042, and 42 U.S.C. 10805.
N.D. Cent. Code § 25-13-02 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-02
25-13-02. Individual with a disability - Service animal - Admission to public places
Status: in_force

25-13-02. Individual with a disability - Service animal - Admission to public places

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 the

animal; provided, that the individual is liable for any damage done to the premises or facility by

the animal.
N.D. Cent. Code § 25-01-07 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-07
25-01-07. Salaries of officers and employees other than superintendent - How fixed
Status: in_force

25-01-07. Salaries of officers and employees other than superintendent - How fixed

The supervising officer in cooperation with the superintendent, prior to July first in each

year, shall fix the annual or monthly salaries of all of the officers, exclusive of the

superintendent, and all of the employees in each of the several institutions mentioned in this

chapter. It shall classify such officers and employees into grades, and the salaries paid to those

in each grade, all other factors being equal, must be uniform in the several institutions. The

schedule of salaries fixed by the supervising officer shall become operative on July first in the

year in which the same are fixed. The supervising officer in cooperation with the superintendent

may fix the salaries of additional employees hired after July first and may increase the salary of

any employee deemed worthy of such increase. Such salaries must be paid in the same

manner as other expenses of the several institutions are paid. All of the salaries in each

institution, however, must be within the limits fixed by the appropriations made by the legislative

assembly for salaries in such institution.
N.D. Cent. Code § 25-03.1-25 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-25
25-03.1-25. Detention or hospitalization - Emergency procedure
Status: in_force

25-03.1-25. The superintendent or director shall require an immediate examination of

the subject.

2. Within seventy-two hours after admission as medically necessary, the superintendent

or director shall:

a. Release the individual if the superintendent or director finds that the subject does

not meet emergency commitment standards; or

b. File a petition if one has not been filed with the court of the individual's residence

or the court which directed immediate custody under subsection 2 of section

25-03.1-25, giving notice to the court and stating in detail the circumstances and

facts of the case.

3. Upon receipt of the petition and notice of emergency detention, the magistrate shall

set a date for a preliminary hearing, if the respondent is alleged to be an individual

who is mentally ill or an individual who is mentally ill and has a substance use disorder,

or a treatment hearing, if the respondent is alleged to be an individual who has a

substance use disorder, to be held no later than five days, exclusive of weekends and

holidays, after detention unless the individual has been released as an individual not

requiring treatment, has been voluntarily admitted for treatment, has requested or

agreed to a continuance, or unless the hearing has been extended by the magistrate

for good cause shown. The magistrate shall appoint counsel if one has not been

retained by the respondent.
N.D. Cent. Code § 25-04-08 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-08
25-04-08. Discharge of an individual from life skills and transition center
Status: in_force

25-04-08. Discharge of an individual from life skills and transition center

An individual who receives residential services at the life skills and transition center must be

discharged if any one of the following conditions are present:

1. The superintendent of the life skills and transition center, on the basis of a

comprehensive evaluation and in consultation with the individual served's parent,

guardian, legal custodian, or care team, finds that the care, treatment, training,

rehabilitation, and supervision offered by the life skills and transition center are no

longer needed.

2. The parent, guardian, or legal custodian who voluntarily admitted the individual served

to residential services at the life skills and transition center and who retains legal

custody makes a written request for discharge.

3. The individual served is admitted on indefinite transfer to a hospital, school, or other

facility, or a protective service under the jurisdiction of another state, or another agency

or department of this state.

4. A court of competent jurisdiction orders the discharge of the individual served.

5. The superintendent makes a determination that the noneligible individual no longer

qualifies for accessing services provided by the life skills and transition center.
N.D. Cent. Code § 25-01.1-21 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-21
25-01.1-21. Property of patients to be returned
Status: in_force

25-01.1-21. Property of patients to be returned

The money and effects, except clothing, in possession of each patient when committed to

any institution under control of the supervising department must be preserved by the

superintendent of such institution and returned to such patient when discharged.
N.D. Cent. Code § 25-01.2-05 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-05
25-01.2-05. Personal property
Status: in_force

25-01.2-05. Personal property

1. Except as provided in this subsection, every individual with a developmental disability

who resides in an institution, facility, or individualized setting must be permitted to

receive, possess, and use lawful personal property and must be provided with a

secure, convenient, and reasonable amount of storage space for that property.

2. A public or private agency or organization providing services to an individual with a

developmental disability may restrict the possession and use of certain classes of

property which may be dangerous or may harm an individual.

3. Notice of any restrictions must be immediately given in writing to all individuals over

eighteen years of age, to the parents or custodian of all individuals under eighteen

years of age, or guardian.

4. A restriction of the rights of an individual with a developmental disability which is

imposed by a public or private agency or organization that provides services to the

individual must be reviewed at least annually as part of the individual's individualized

habilitation, person-centered service, or individual education plan team meeting.

5. Unless a restriction applies universally, the restricting agency or organization shall

remove the restriction placed on an individual with a developmental disability at the

earliest point at which the individual demonstrates the ability to mitigate the need for

the restriction.

6. When an individual is discharged from services provided from a public or private

agency or organization, all of the individual's lawful personal property that is in the

custody of the public or private agency or organization must be returned to the

individual.

7. A public or private agency or organization licensed by the department to provide

services to an individual with a developmental disability shall document any

restrictions of these rights in the individual's person-centered service plan.
N.D. Cent. Code § 25-04-02.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-02.1
25-04-02.1. Accreditation of life skills and transition center
Status: in_force

25-04-02.1. Accreditation of life skills and transition center

The department may request appropriations and resources sufficient to allow for

maintenance of the life skills and transition center's accreditation by the accreditation council on

services for people with developmental disabilities or certification by the centers for Medicare

and Medicaid services or, if deemed necessary, by similar accrediting and certifying

organizations and agencies possessing standards applicable to an individual with a

developmental disability and disciplines needed to provide quality services to individuals served.
N.D. Cent. Code § 25-03.1-39 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-39
25-03.1-39. Transportation - Expenses
Status: in_force

25-03.1-39. Transportation - Expenses

Whenever an individual is about to be involuntarily hospitalized under the provisions of this

chapter, an official or person designated by the court shall arrange for the individual's

transportation to the treatment facility with suitable medical or nursing attendants and by such

means as may be suitable for the individual's medical condition. Whenever practicable, the

individual to be hospitalized must be permitted to be accompanied by one or more of the

individual's friends or relatives, and when practicable shall not be transported by police officers

or in police vehicles. If the proposed patient is unable to pay for expenses of transportation, and

friends or relatives do not oblige themselves to pay such expenses, the court may direct that

such expenses be paid by the county of the patient's residence.
N.D. Cent. Code § 25-07-09 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-09
25-07-09. Collection of clothing account
Status: repealed

25-07-09. Collection of clothing account

Repealed by S.L. 1999, ch. 106, § 18.
N.D. Cent. Code § 25-03.3-03.1 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-03.1
25-03.3-03.1. Referral of inmates to state's attorneys - Immunity
Status: in_force

25-03.3-03.1. Referral of inmates to state's attorneys - Immunity

1. The department of corrections and rehabilitation shall maintain treatment records for

any inmate who has been convicted of an offense that includes sexually predatory

conduct. Approximately six months before the projected release date of the inmate, the

department shall complete an assessment of the inmate to determine whether a

recommendation is to be made to a state's attorney for civil commitment of the inmate

under this chapter. The assessment must be based on actuarial and clinical

evaluations or any other information determined by the director to be relevant,

including inmate behavior and whether the inmate participated in sexual offender

treatment while incarcerated.

2. If, upon the completion of the assessment, the department determines the inmate may

meet the definition of a sexually dangerous individual, the department shall refer the

inmate to a state's attorney of an appropriate county as provided for in section
N.D. Cent. Code § 25-03.1-32 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-32
25-03.1-32. Periodic hearing and petition for discharge - Continuing hospitalization
Status: repealed

25-03.1-32. Periodic hearing and petition for discharge - Continuing hospitalization

Repealed by S.L. 1979, ch. 334, § 33.
N.D. Cent. Code § 25-07-05 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-05
25-07-05. Admission of nonresidents
Status: in_force

25-07-05. Admission of nonresidents

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 the child's admission and on a yearly basis thereafter. The school may not admit a child who

is not a resident of this state to the exclusion of a child who is a resident of this state.
N.D. Cent. Code § 25-04-10 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-10
25-04-10. Transfer of inmate of state school when person legally responsible for support moves to another state
Status: repealed

25-04-10. Transfer of inmate of state school when person legally responsible for

support moves to another state.

Repealed by S.L. 1961, ch. 211, § 9.
N.D. Cent. Code § 25-03.1-03.1 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-03.1
25-03.1-03.1. Disclosure of health information
Status: in_force

25-03.1-03.1. Disclosure of health information

A treating facility or mental health professional may disclose individually identifiable health

information to a court, state-operated behavioral health clinic, state's attorney, appointed

counsel, retained counsel, or other mental health professional, including an expert examiner,

and the disclosure is a disclosure for treatment, including the provision, coordination, and

management of health care and to carry out the purposes of this chapter.
N.D. Cent. Code § 25-17-00.1 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-00.1
25-17-00.1. Definitions
Status: in_force

25-17-00.1. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Confirmatory-diagnostic testing" means testing to prove or disprove the presence of a

specific metabolic disease or genetic disease.

2. "Confirmatory-diagnostic testing laboratory" means a laboratory performing

confirmatory-diagnostic testing.

3. "Department" means the department of health and human services.

4. "Licensed clinician" means a currently licensed physician, physician assistant, or

advanced practice registered nurse.

5. "Low-protein modified food product" means a food product that is specially formulated

to have less than one gram of protein per serving and is intended to be used under the

direction of a licensed clinician for the dietary treatment of a metabolic disease. The

term does not include a natural food that is naturally low in protein.

6. "Medical food" means a food that is intended for the dietary treatment of a disease or

condition for which nutritional requirements are established by medical evaluation and

is formulated to be consumed or administered under the direction of a licensed

clinician.

7. "Metabolic disease" and "genetic disease" mean a disease as designated by rule of

the department for which early identification and timely intervention will lead to a

significant reduction in mortality, morbidity, and associated disabilities.

8. "Newborn screening program" means a program facilitating access to appropriate

testing, followup, diagnosis, intervention, management, evaluation, and education

regarding metabolic diseases and genetic diseases identified in newborns.

9. "Out-of-range screening result" means a screening result that is outside of the

expected range of testing results established for a particular disease.

10. "Responsible clinician" means the licensed clinician, midwife, naturopath, or birth

attendant attending a newborn.

11. "Screening" means initial testing of a newborn for the possible presence of metabolic

disease or genetic disease.

12. "Screening laboratory" means the laboratory the department selects to perform

screening.
N.D. Cent. Code § 25-01.3-01 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-01
25-01.3-01. Definitions
Status: in_force

25-01.3-01. Definitions

In sections 25-01.3-01 through 25-01.3-12, unless the context otherwise requires:

1. "Abuse" means:

a. Willful use of offensive, abusive, or demeaning language by a caretaker that

causes mental anguish of any person with developmental disabilities;

b. Knowing, reckless, or intentional acts or failures to act which cause injury or

death to a developmentally disabled or mentally ill person or which placed that

person at risk of injury or death;

c. Rape or sexual assault of a developmentally disabled or mentally ill person;

d. Corporal punishment or striking of a developmentally disabled or mentally ill

person;

e. Unauthorized use or the use of excessive force in the placement of bodily

restraints on a developmentally disabled or mentally ill person; and

f. Use of bodily or chemical restraints on a developmentally disabled or mentally ill

person which is not in compliance with federal or state laws and administrative

regulations.

2. "Advocacy" means action to assist or represent a person or group of persons with

developmental disabilities or mental illnesses in securing their rights, obtaining needed

services, investigating complaints, and removing barriers to identified needs.

3. "Advocate" means an employee of the project.

4. "Caretaker" means a person, organization, association, or facility who has assumed

legal responsibility or a contractual obligation for the care of a person with

developmental disabilities or mental illness, or a parent, spouse, sibling, other relative,

or person who has voluntarily assumed responsibility for the person's care.

5. "Committee" means the committee on protection and advocacy.

6. "Complaint" means an allegation of a violation of human or legal rights, or a lack of

needed services, which is not a report of abuse, neglect, or exploitation.

7. "Developmental disability" is a disability as defined in section 25-01.2-01.

8. "Eligibility for services" means persons eligible for services of the project, including:

a. An adult with developmental disabilities.

b. An adult suffering from a mental illness who is an inpatient or resident in a facility

rendering care or treatment, even if the location of the person is unknown.

c. An adult suffering from a mental illness who is in the process of being admitted to

a facility rendering care or treatment, including persons being transported to such

a facility.

d. An adult suffering from a mental illness who within the last ninety days was an

inpatient or resident of a facility rendering care or treatment.

e. A child with developmental disabilities or a child with mental illness who meets

the criteria of subdivision b, c, or d is eligible for advocacy services.

f. A child with developmental disabilities or mental illness who is not an abused or

neglected child as defined in chapter 50-25.1 is eligible for protective services.

9. "Exploitation", when committed by a caretaker or relative of, or any person in a

fiduciary relationship with, a person with developmental disabilities or mental illness,

means:

a. The taking or misuse of property or resources of a person with developmental

disabilities or mental illness by means of undue influence, breach of fiduciary

relationship, deception, harassment, criminal coercion, theft, or other unlawful or

improper means;

b. The use of the services of a person with developmental disabilities or mental

illness without just compensation; or

c. The use of a person with developmental disabilities or mental illness for the

entertainment or sexual gratification of others under circumstances that cause

degradation, humiliation, or mental anguish to the person with developmental

disabilities or mental illness.

10. "Facility" means a school, residence center, group home, nursing home, foster home,

boarding home, or other facility operated by any public or private agency, organization,

or institution, which provides services to a person with developmental disabilities or

mental illness.

11. "Individually identifiable health information" and "personal representative" have the

meaning set forth in title 45, Code of Federal Regulations, part 160, section 103 and

part 164, section 5-02, subsection g, respectively.

12. "Mental health professional" means a mental health professional as defined in section

25-03.1-02.

13. "Mental illness" means significant mental illness or emotional impairment as

determined by a mental health professional.

14. "Neglect" means:

a. Inability of a person with developmental disabilities or mental illness to provide

food, shelter, clothing, health care, or services necessary to maintain the mental

and physical health of that person;

b. Failure by any caretaker of a person with developmental disabilities or mental

illness to meet, either by commission or omission, any statutory obligation, court

order, administrative rule or regulation, policy, procedure, or minimally accepted

standard for care of persons with developmental disabilities or mental illnesses;

c. Negligent act or omission by any caretaker which causes injury or death to a

person with developmental disabilities or mental illness or which places that

person at risk of injury or death;

d. Failure by any caretaker, who is required by law or administrative rule, to

establish or carry out an appropriate individual program or treatment plan for a

person with developmental disabilities or mental illness;

e. Failure by any caretaker to provide adequate nutrition, clothing, or health care to

a person with developmental disabilities or mental illness;

f. Failure by any caretaker to provide a safe environment for a person with

developmental disabilities or mental illness; and

g. Failure by any caretaker to maintain adequate numbers of appropriately trained

staff at a facility providing care and services for persons with developmental

disabilities or mental illnesses.

15. "Other appropriate remedies" means remedies achieved through alternative dispute

resolution, such as discussion, education, conciliation, and mediation.

16. "Project" means the protection and advocacy project.

17. "Protective services" means actions to assist persons with developmental disabilities

or mental illnesses who are unable to manage their own resources or to protect

themselves from abuse, neglect, exploitation, or other hazards.

18. "Report" means a verbal or written communication, including an anonymous

communication, alleging the abuse, neglect, or exploitation of a person with

developmental disabilities or mental illness.
N.D. Cent. Code § 25-16.2-04 — ND Code / Title 25 / Chapter 25-16.2 / Section 25-16.2-04
25-16.2-04. Direct purchase from work activity centers
Status: in_force

25-16.2-04. Direct purchase from work activity centers

If acceptable commodities or services are produced or provided by a work activity center at

fair market price, any state entity or political subdivision may enter a contract to purchase

directly from the work activity center without obtaining competition.
N.D. Cent. Code § 25-01-11 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-11
25-01-11. State treasurer to have custody of income from granted lands
Status: in_force

25-01-11. State treasurer to have custody of income from granted lands

The state treasurer is custodian of all funds arising from the sale of any lands granted to

any institution named in this chapter, and such funds must be deposited with the state treasurer.

The state treasurer shall keep a separate account for each such institution to which a land grant

has been made, and moneys in each such separate fund must be used exclusively for the

benefit of the institution to which the same belongs.
N.D. Cent. Code § 25-03.3-22 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-22
25-03.3-22. Rules
Status: in_force

25-03.3-22. Rules

The department of health and human services may adopt rules under chapter 28-32 to

implement this chapter, but the rules may not restrict or limit the rights guaranteed by this

chapter.
N.D. Cent. Code § 25-01.2-04 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-04
25-01.2-04. Communication rights
Status: in_force

25-01.2-04. Communication rights

1. Except as provided in this section, every individual with a developmental disability who

resides in an institution, facility, or individualized setting has the right of private,

unimpeded, and uncensored communication, including visitation, with persons of the

individual's choice.

2. A public or private agency or organization licensed by the department to provide

services to an individual with a developmental disability shall document any

restrictions of these rights in the individual's person-centered service plan.

3. A public or private agency or organization not licensed by the department may

establish in writing reasonable times and places for use of telephones and for visits,

provided that an individual's ability to contact an attorney, guardian, or custodian, may

not be restricted and provided that any rules or restrictions must be posted in each

institution, facility, or individualized setting.

4. A copy of any rules or restrictions must be given to all individuals over eighteen years

of age, to the parents or custodians of all individuals under eighteen years of age, or

guardian, upon admission.
N.D. Cent. Code § 25-17-01 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-01
25-17-01. Newborn screening education programs and tests
Status: in_force

25-17-01. Newborn screening education programs and tests

The department shall:

1. Develop and implement a metabolic disease and genetic disease educational program

among licensed clinicians, hospital staffs, public health nurses, and the citizens of this

state. This educational program must include information about the nature of the

diseases and about screening for the early detection of these diseases so that proper

measures may be taken to reduce mortality, morbidity, and associated disabilities.

2. Provide, on a statewide basis, a newborn screening program.

3. Coordinate with or refer individuals to public and private health care service providers

for long-term followup services for metabolic diseases and genetic diseases.

4. Select a screening laboratory.

5. Store, maintain, and dispose of blood spots used for screening.
N.D. Cent. Code § 25-03.1-19 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-19
25-03.1-19. Involuntary treatment hearing
Status: in_force

25-03.1-19. Involuntary treatment hearing

1. The involuntary treatment hearing, unless waived by the respondent or the respondent

has been released as a person not requiring treatment, must be held within fourteen

days of the preliminary hearing. If the preliminary hearing is not required, the

involuntary treatment hearing must be held within five days, exclusive of weekends

and holidays, of the date the court received the expert examiner's report, not to exceed

fourteen days from the time the petition was served. The court may extend the time for

hearing for good cause. The respondent has the right to an examination by an

independent expert examiner if so requested. If the respondent is indigent, the county

of residence of the respondent shall pay for the cost of the examination and the

respondent may choose an independent expert examiner.

2. The hearing must be held in the county of the respondent's residence or location or the

county in which the state hospital or treatment facility treating the respondent is

located if the respondent requests a change of venue. At the hearing, evidence in

support of the petition must be presented by the state's attorney, private counsel, or

counsel designated by the court. During the hearing, the petitioner and the respondent

must be afforded an opportunity to testify and to present and cross-examine

witnesses. The court may receive the testimony of any other interested person. All

individuals not necessary for the conduct of the proceeding must be excluded, except

the court may admit individuals having a legitimate interest in the proceeding. The

hearing must be conducted in as informal a manner as practical, but the issue must be

tried as a civil matter. Discovery and the power of subpoena permitted under the North

Dakota Rules of Civil Procedure are available to the respondent. The court shall

receive all relevant and material evidence that may be offered as governed by the

North Dakota Rules of Evidence. There is a presumption in favor of the respondent,

and the burden of proof in support of the petition is upon the petitioner.

3. If, upon completion of the hearing, the court finds the petition has not been sustained

by clear and convincing evidence, the court shall deny the petition, terminate the

proceeding, and order the respondent be discharged if the respondent has been

hospitalized before the hearing.

4. Except for good cause, the court may not consider a medical record or expert

examiner's report relating to the respondent unless the petitioner and respondent

receive the medical record or the expert examiner's report at least twenty-four hours

before the hearing.
N.D. Cent. Code § 25-02-13 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-13
25-02-13. Meetings of county mental health board
Status: repealed

25-02-13. Meetings of county mental health board

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-03.1-12 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-12
25-03.1-12. Notice of hearings
Status: in_force

25-03.1-12. Notice of hearings

The court shall cause notice of a petition and of the time and place of any hearings under

this chapter to be given to the respondent; the respondent's parents, if a minor; the respondent's

attorney; the petitioner; the state's attorney; the superintendent or the director of any hospital or

treatment facility in which the respondent is hospitalized or is being treated; the spouse of the

respondent, if the spouse's whereabouts is known; the guardian, if any, of the respondent; and

such other relatives or persons as the court may determine. The notice must be given at the

earliest possible time and sufficiently in advance of the hearing date to permit preparation for

the hearing.
N.D. Cent. Code § 25-16-02 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-02
25-16-02. License required
Status: in_force

25-16-02. License required

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.
N.D. Cent. Code § 25-11-02 — ND Code / Title 25 / Chapter 25-11 / Section 25-11-02
25-11-02. Compact administrator - Powers
Status: in_force

25-11-02. Compact administrator - Powers

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 compact administrator shall cooperate with all departments, agencies, and officers of and in

the government of this state and its subdivisions in facilitating the proper administration of the

compact or any supplementary agreement or agreements entered into by this state thereunder.
N.D. Cent. Code § 25-06-03 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-03
25-06-03. Superintendent to possess certain qualifications
Status: in_force

25-06-03. Superintendent to possess certain qualifications

The superintendent of the North Dakota vision services - school for the blind must possess

those qualifications, educational and otherwise, as in the opinion of the superintendent of public

instruction may qualify that person to instruct and minister to the needs of blind persons.
N.D. Cent. Code § 25-16-14 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-14
25-16-14. Group homes for individuals with developmental disabilities - Zoning
Status: in_force

25-16-14. Group homes for individuals with developmental disabilities - Zoning

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

permitted use in a single-family or equivalent least-density residential zone, and a licensed

group home serving eight or fewer individuals with a developmental disability must be

considered a permitted use in any area zoned for residential use of greater density than single-

family use.
N.D. Cent. Code § 25-03.3-13 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-13
25-03.3-13. Sexually dangerous individual - Commitment proceeding - Report of findings
Status: in_force

25-03.3-13. Sexually dangerous individual - Commitment proceeding - Report of

findings.

Within sixty days after the finding of probable cause, the court shall conduct a commitment

proceeding to determine whether the respondent is a sexually dangerous individual. The court

may extend the time for good cause. At the commitment proceeding, any testimony and reports

of an expert who conducted an examination are admissible, including risk assessment

evaluations. Any proceeding pursuant to this chapter must be tried to the court and not a jury. At

the commitment proceeding, the state's attorney shall present evidence in support of the petition

and the burden is on the state to show by clear and convincing evidence that the respondent is

a sexually dangerous individual. An individual may not be committed unless expert evidence is

admitted establishing that the individual has a congenital or acquired condition that is

manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction

that makes that individual likely to engage in further acts of sexually predatory conduct. The

respondent has a right to be present, to testify, and to present and cross-examine witnesses. If

the respondent is found to be a sexually dangerous individual, the court shall commit the

respondent to the care, custody, and control of the commissioner. The commissioner shall place

the respondent in an appropriate facility or program at which treatment is available. The

appropriate treatment facility or program must be the least restrictive available treatment facility

or program necessary to achieve the purposes of this chapter. The commissioner may not be

required to create a less restrictive treatment facility or treatment program specifically for the

respondent or committed individual. Unless the respondent has been committed to the legal and

physical custody of the department of corrections and rehabilitation, the respondent may not be

placed at and the treatment program for the respondent may not be provided at the state

penitentiary or an affiliated penal facility. If the respondent is found not to be a sexually

dangerous individual, the court shall discharge the respondent.
N.D. Cent. Code § 25-01.1-26 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-26
25-01.1-26. Bill presented to institution - Form - Thirty days allowed to pay for supplies
Status: in_force

25-01.1-26. Bill presented to institution - Form - Thirty days allowed to pay for

supplies.

The supplies purchased for the institutions under the control of the supervising department

must be purchased so as to permit at least thirty days' time to pay therefor. The officer of the

institution designated by the supervising department shall require itemized bills to be rendered

by the person who furnishes supplies, in duplicate, for all purchases whether made upon

contract or otherwise, which must be in the form prescribed by the office of management and

budget and certified as required for other claims against the state.
N.D. Cent. Code § 25-01.1-28 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-28
25-01.1-28. Supplies of institutions - Duties of officers
Status: in_force

25-01.1-28. Supplies of institutions - Duties of officers

The officer of each institution who is designated by the supervising department to have

charge of and to be accountable for all the supplies and stores of the institution must be

charged therewith at their invoice value, and shall:

1. Direct all purchases of such institution as may be ordered by the office of management

and budget under the estimates as provided in section 25-01.1-22, in conjunction with

the superintendent of each institution.

2. Issue all the supplies upon requisition approved by the superintendent or other officer

designated by the supervising department. The requisition shall be the officer's

voucher therefor.

3. Examine and register all goods delivered, according to their amount and quality, and if

found to correspond with the samples and in good order and correct in charge, the

officer shall certify the bills.

4. Make a consolidated report of all purchases to the office of management and budget

and the supervising department and all other transactions of such institution to such

supervising department at the close of the annual period.
N.D. Cent. Code § 25-01.3-02 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-02
25-01.3-02. Committee on protection and advocacy
Status: in_force

25-01.3-02. Committee on protection and advocacy

1. The committee on protection and advocacy in its capacity of supervising and directing

the project shall operate independently of the governor and any state agency that

provides treatment, services, or habilitation to persons with disabilities or mental

illnesses.

2. The committee consists of seven members who:

a. Meet federal eligibility requirements for membership;

b. Do not provide direct treatment, nonadvocacy services, or habilitation to address

a need related to a disability or a mental illness;

c. Do not hold an interest, whether as an officer, director, employee, or otherwise, in

an entity that provides direct treatment, nonadvocacy services, or habilitation to

address a need related to a disability or a mental illness; and

d. (1) Broadly represent persons served by the protection and advocacy project;

or

(2) Are knowledgeable about the needs of persons served by the protection and

advocacy project.

3. The appointments and terms of committee members are as follows:

a. The governor shall appoint two committee members for two-year terms,

beginning on August first in each even-numbered year.

b. The legislative management shall appoint one member from each house of the

legislative assembly for two-year terms, beginning on August first in each

odd-numbered year.

c. The governing board of the arc of North Dakota shall appoint one committee

member for a three-year term, beginning August first in each year that is evenly

divisible by three.

d. The governing board of a North Dakota nonprofit advocacy group for people with

disabilities shall appoint one committee member for a three-year term, beginning

on August first in each year that is divisible by three with a remainder of one.

Whenever an appointment to this position is to be made, the other members of

the committee shall select a North Dakota nonprofit advocacy group for people

with disabilities to make this appointment.

e. The governing board of the mental health association in North Dakota shall

appoint one committee member for a three-year term, beginning on August first in

each year that is divisible by three with a remainder of two.

4. Each committee member appointed by a North Dakota nonprofit advocacy group for

people with disabilities must be:

a. An individual with disabilities who is eligible for services; or

b. A parent, family member, guardian, advocate, or other authorized representative

of an individual with disabilities who is eligible for services.

5. A member may not serve more than six consecutive years.

6. A member's term ends on July thirty-first in the last year of the term and a member

shall serve until a successor has been appointed.

7. If any vacancy occurs on the committee, the appointing authority shall appoint an

individual to fill the vacancy for the remainder of the term. If the federal government

designates a member ineligible, the appointing body shall fill the vacancy for the

remainder of the term. Any vacancy on the committee must be filled within sixty days

after the date on which the vacancy occurs.

8. The committee is responsible for and shall adopt rules for the administrative

supervision and direction and for the planning, design, implementation, and functioning

of the project.

9. The committee shall develop a formal process to review complaints from providers or

other persons concerning protection and advocacy activities.

10. The governor, upon compliance with federal law and regulations, may redesignate the

agency responsible for carrying out the responsibilities of the project under this

chapter.
N.D. Cent. Code § 25-16-03 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-03
25-16-03. Requirements for license
Status: in_force

25-16-03. Requirements for license

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 provider agency, including their assistants, are qualified

by training and experience to carry on efficiently the duties required of them;

3. The health, safety, and well-being of individuals receiving services are protected;

4. A variety of meaningful activities, treatment, educational opportunities, and physical

facilities are available;

5. Appropriate arrangements are made for a medical and psychological examination of

each individual; and

6. The provider is in compliance with rules adopted by the department under this chapter.
N.D. Cent. Code § 25-17-02.1 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-02.1
25-17-02.1. Testing and reporting requirements
Status: in_force

25-17-02.1. Testing and reporting requirements

1. A responsible clinician shall provide the parents and guardians of a newborn written

information on the nature of newborn screening and confirmatory-diagnostic testing.

The parents or guardians of a newborn may object to screening after receiving the

written information. A newborn may not be subject to screening to which the newborn's

parents or guardians object. In the case of an objection, the responsible clinician shall

record the objection in a document signed by the parents or guardians and shall

submit the document to the department.

2. The responsible clinician attending a newborn shall cause that newborn to be

subjected to screening in the manner prescribed by the department.

3. The screening laboratory shall provide to the department screening results and any

blood spots used in screening.

4. If screening shows an out-of-range screening result, the responsible clinician shall

cause the newborn to be subjected to appropriate clinical followup by a licensed

clinician which may include confirmatory-diagnostic testing. The responsible clinician

shall ensure the department receives any confirmatory-diagnostic testing results.

5. A licensed clinician attending a patient with a metabolic disease or genetic disease

that was not detected by the state's newborn screening program shall report the case

to the department.
N.D. Cent. Code § 25-02-17 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-17
25-02-17. Compensation and expenses of county mental health board
Status: repealed

25-02-17. Compensation and expenses of county mental health board

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-04-03 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-03
25-04-03. Qualifications of superintendent
Status: in_force

25-04-03. Qualifications of superintendent

The superintendent of the life skills and transition center must be a skilled administrator with

professional training and experience relating to the needs of individuals with developmental

disabilities. All employees must be appointed and removed by the superintendent or by the

superintendent's designee. The salaries of all employees shall be fixed by the superintendent or

the superintendent's designee within the limits of the legislative appropriations made for such

purpose.
N.D. Cent. Code § 25-16.1-01 — ND Code / Title 25 / Chapter 25-16.1 / Section 25-16.1-01
25-16.1-01. Definitions
Status: in_force

25-16.1-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Department" means the department of health and human services.

2. "Provider agency" means an entity providing services to individuals with

developmental disabilities and licensed by the department to provide services.
N.D. Cent. Code § 25-16-03.1 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-03.1
25-16-03.1. Conviction not bar to licensure - Exceptions
Status: in_force

25-16-03.1. Conviction not bar to licensure - Exceptions

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 of

any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 25-03.1-29 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-29
25-03.1-29. Appeal
Status: in_force

25-03.1-29. Appeal

1. The respondent has the right to an expedited appeal from an order of involuntary

commitment or alternative treatment, an order modifying a treatment order, an

alternative treatment order or less restrictive treatment order, a continuing treatment

order, an order denying a petition for discharge, or an order of transfer. Upon entry of

an appealable order, the court shall notify the respondent of the right of appeal and the

right to counsel. The notice of appeal must be filed within thirty days after the order

has been entered. Such appeal must be to the supreme court and the hearing must be

commenced within fourteen days of filing of the notice of appeal. The hearing must be

limited to a review of the procedures, findings, and conclusions of the lower court. The

name of the respondent may not appear on the record on appeal.

2. Pending appeal, the order appealed from remains in effect, unless the supreme court

determines otherwise. The respondent may not be denied the opportunity to be

present at the appeal hearing, and the court conducting the appeal may issue such

interim order as will assure this opportunity to the respondent while protecting the

interest sought to be served by the order appealed from.
N.D. Cent. Code § 25-04-16 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-16
25-04-16. Waiver of payment - Use of income tax data - Confidentiality - Definition
Status: in_force

25-04-16. Waiver of payment - Use of income tax data - Confidentiality - Definition

1. Except with respect to services provided and duties effectuated for persons other than

individuals served by the life skills and transition center who are developmentally

disabled, and except with respect to services provided and duties effectuated under

subsection 2 of section 25-04-02, the individual served, former individual served,

parent of an individual served or former individual served under age eighteen,

personal representative, or guardian may make application to the supervising

department to pay less than the costs or none of the costs incurred by the state for the

individual served's care and treatment at the life skills and transition center. An

application from an individual served, former individual, personal representative, or

guardian must be accompanied by proof of the individual served's or the estate of the

individual served's inability to pay. An application from a parent of an individual served

or former individual served must be accompanied by proof that the parent has applied

for or cooperated fully in an application for medical and medically related services

under entitlement from the federal government, medical or hospital insurance

contracts, workforce safety and insurance, or medical care and disability programs for

provision of services to the individual served, and has assured the contribution of

those services, compensation, and contract and program benefits to meet the cost of

care provided to the individual served by the life skills and transition center. A waiver

must be granted upon receipt of an application from such a parent, which is complete

and supported by the required proofs and is effective for so long as the parent

continues to apply for or cooperate fully in applications for services, compensation,

and contract and program benefits, and continues to assure the contribution of those

services, compensation, and benefits to meet the costs of care. A waiver, once granted

with respect to an individual served under age eighteen, extinguishes any debt that

would otherwise be owed by the individual served, the individual served's parents, or

the individual served's estate with respect to care and treatment furnished during times

the waiver is effective.

2. Upon receipt of such application, the department shall direct the human service zone

of the county from which the individual served was admitted to determine whether the

application is complete and supported by the required proofs. The department shall

approve, reject, or amend the determination made by the human service zone. The

determination made by the department may be appealed to the district court of the

county of residence of the individual served.

3. Any individual served, former individual served, parent of an individual served or

former individual served, guardian, or personal representative who seeks relief from

the payment of the cost of care and treatment by filing an application for relief of

payment shall do so with the understanding that the department may, in its discretion,

and to its satisfaction, verify any statement made in such application for relief of

payment by a request for information from financial institutions, including commercial

banks, and from other sources likely to possess verifying information. Notwithstanding

the provisions of section 57-38-57, this verification may include a review of such

applicant's state income tax return or any other document or report submitted to or

held by any office or department of the state of North Dakota or any of its political

subdivisions.

4. When any official or employee of the life skills and transition center who, pursuant to

subsection 1, obtains income tax information or other tax information from the state tax

commissioner the confidentiality of which is protected by law, such official or employee

may not divulge such information except to the extent necessary for the administration

of this chapter or when otherwise directed by judicial order or when otherwise provided

by law.
N.D. Cent. Code § 25-03.1-41 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-41
25-03.1-41. Limitations and restrictions of patient's rights
Status: in_force

25-03.1-41. Limitations and restrictions of patient's rights

The rights enumerated in subsections 5, 6, 7, and 8 of section 25-03.1-40 may be limited or

restricted by the treating physician, physician assistant, psychiatrist, advanced practice

registered nurse, or psychologist trained in a clinical program, if in that individual's professional

judgment to do so would be in the best interests of the patient and the rights are restricted or

limited in the manner authorized by the rules adopted pursuant to section 25-03.1-46. When a

physician, physician assistant, psychiatrist, advanced practice registered nurse, or psychologist

trained in a clinical program responsible for treatment of a particular patient imposes a special

restriction on the rights of the patient as authorized by the rules, a written order specifying the

restriction and the reasons for the restriction must be signed by the physician, physician

assistant, psychiatrist, advanced practice registered nurse, or psychologist trained in a clinical

program and attached to the patient's chart. These restrictions must be reviewed at intervals of

not more than fourteen days and may be renewed by following the procedure set out in this

section.
N.D. Cent. Code § 25-03.1-18.2 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-18.2
25-03.1-18.2. Guardian consent to involuntary treatment with prescribed medication
Status: in_force

25-03.1-18.2. Guardian consent to involuntary treatment with prescribed medication

Notwithstanding sections 25-03.1-16, 25-03.1-18.1, and 25-03.1-24, if a patient refuses

treatment with prescribed medication, a treating physician, physician assistant, clinical nurse

specialist, or advanced practice registered nurse may treat the patient with prescribed mood

stabilizer or antipsychotic medication upon consent of the patient's guardian pursuant to

sections 30.1-28-16 through 30.1-28-18.
N.D. Cent. Code § 25-01.3-08 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-08
25-01.3-08. Investigation of reports and complaints
Status: in_force

25-01.3-08. Investigation of reports and complaints

1. Upon receipt of any report of suspected abuse, neglect, exploitation, or a complaint

made pursuant to sections 25-01.3-01 through 25-01.3-12, the project shall assess the

need for an investigation of the report or complaint. If the project determines the report

or complaint is warranted, the project shall investigate or cause the report or complaint

to be investigated. For the purpose of investigating a report or a complaint, the project

may:

a. Interview the alleged victim who has developmental disabilities or mental illness

at any time of the day or night, with or without notice.

b. Interview any other individual who may have knowledge of the situation.

c. Access all locations under the control of the caretaker where records or other

information exist, including the residence of the alleged victim.

d. Coordinate investigations with other agencies, departments, or other entities

providing services necessary or advisable for the person with developmental

disabilities or mental illness.

e. Delegate investigatory powers to the extent necessary and appropriate to any

individual or entity.

2. This section does not limit the responsibilities of law enforcement agencies to enforce

the laws of this state or preclude law enforcement agencies from investigating, as

appropriate, any alleged criminal conduct.

3. This section does not prohibit the project from assessing the opportunity for voluntary

compliance and other appropriate remedies in the course of investigating a report or

complaint.
N.D. Cent. Code § 25-13-06 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-06
25-13-06. Killing or injury of service animal - Penalty
Status: in_force

25-13-06. Killing or injury of service animal - Penalty

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 is guilty of a class A misdemeanor and is subject to a civil penalty of up to

five thousand dollars if that person willfully:

a. Harasses, taunts, or provokes a service animal; or

b. Interferes with a service animal while the animal is working.

3. This section does not apply to a veterinarian who terminates the life of a service

animal to relieve the animal of undue suffering and pain.
N.D. Cent. Code § 25-04-05.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-05.1
25-04-05.1. Transfer of individuals - Visiting privileges - Release and placement of individuals
Status: in_force

25-04-05.1. Transfer of individuals - Visiting privileges - Release and placement of

individuals.

1. The superintendent of the life skills and transition center shall have the right of

temporary transfer of any individual served or noneligible individual, at the life skills

and transition center, to an appropriate hospital or other specialized facility when in the

superintendent's opinion the immediate health and safety of the individual or the

immediate health and safety of others requires the transfer.

2. Subject to reasonable rules for the orderly operation of the life skills and transition

center, any parent, guardian, or legal custodian of the individual served or noneligible

individual shall have the right of visiting and communicating with the individual served

or noneligible individual and authorizing visits and communications with others.

3. The superintendent may authorize the temporary discharge of any individual served or

noneligible individual to the custody of the individual served's or noneligible individual's

parent, guardian, or legal custodian of the individual, or to another person designated

by the parent, guardian, or legal custodian. In the absence of such authorization, any

parent, guardian, or legal custodian of the individual served may formally request, in

writing, the individual served's temporary discharge. The discharge must be granted at

the earliest reasonable opportunity, but not more than thirty days after receipt of a

written application. If a discharge is, or would be, effected contrary to the advice of the

superintendent based on a recent comprehensive evaluation of the individual, the

superintendent shall so advise the parent, guardian, or legal custodian in writing.

4. The superintendent may arrange for the suitable placement of:

a. An individual served outside the life skills and transition center and to discharge

the individual served, provided placement has been preceded by a

comprehensive evaluation. No such placement of an individual served may be

effected until all reasonable efforts have been made to consult with the individual

served's care team and parent, guardian, or legal custodian of the individual

served; and

b. A noneligible individual outside the life skills and transition center or to discharge

the noneligible individual.
N.D. Cent. Code § 25-04-02.2 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-02.2
25-04-02.2. Institutional sale of services - Budget section approval
Status: in_force

25-04-02.2. Institutional sale of services - Budget section approval

Subject to approval of the legislative assembly or the budget section if the legislative

assembly is not in session, the life skills and transition center may provide any service not

otherwise authorized by law under contract with a governmental or nongovernmental person.

The life skills and transition center shall determine the rates for services provided. The

legislative assembly or the budget section may approve the provision of a service under this

section only after determining the service is not otherwise being provided by either the private or

public sector. Any request considered by the budget section must comply with section

54-35-02.9.
N.D. Cent. Code § 25-04-12 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-12
25-04-12. Electric power may be furnished to city of Dunseith from state school power plant
Status: repealed

25-04-12. Electric power may be furnished to city of Dunseith from state school

power plant.

Repealed by S.L. 1961, ch. 209, § 5.
N.D. Cent. Code § 25-01.1-20 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-20
25-01.1-20. Care and custody of funds belonging to patients of state institutions
Status: in_force

25-01.1-20. Care and custody of funds belonging to patients of state institutions

The superintendent of any state institution under the management and control of the

supervising department, when the care and custody of any funds belonging to patients of a state

institution are by law devolved upon the superintendent, shall keep accurate accounts of these

funds in books provided for that purpose and shall pay out these funds under rules as may be

prescribed by law or by the supervising department, taking proper vouchers of the funds in all

cases from the patient or responsible representative of the patient. Each superintendent shall

give a bond conditioned for the faithful performance of duties.
N.D. Cent. Code § 25-02-01.1 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-01.1
25-02-01.1. Maintenance of state hospital accreditation - Governing body membership - Authority
Status: in_force

25-02-01.1. Maintenance of state hospital accreditation - Governing body membership

- Authority.

1. The department of health and human services shall seek appropriations and resources

sufficient to ensure maintenance of the state hospital's accreditation by the joint

commission and certification by the centers for Medicare and Medicaid services or by

similar accrediting and certifying organizations and agencies possessing hospital

standards recognized by the health care industry and accepted by the department.

2. The department, in consultation with the state hospital, shall create a state hospital

governing body and shall by rules, policies, or bylaws describe the powers and duties

of the governing body. The department shall compensate members not employed by

the department in the amount of one hundred dollars per day and reimburse members

for expenses incurred in attending meetings in the amounts provided by sections

44-08-04 and 54-06-09.

3. The governing body must be composed of the commissioner of the department of

health and human services or designee; the director of the division of behavioral

health of the department or designee, who shall serve as chairman of the governing

body; the state hospital superintendent; the state hospital medical director; a

representative of the department's fiscal administration division; a behavioral health

consumer selected by the mental health association; and a legislator selected by the

legislative management. The governing body may include other persons as appointed

by the governing body.
N.D. Cent. Code § 25-16-01 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-01
25-16-01. Definitions
Status: in_force

25-16-01. Definitions

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 housing more than three

individuals with a developmental disability.

4. "Host home" means a community-based family home environment providing services

to no more than two individuals with a developmental disability who require

out-of-home placement to facilitate delivery of intensive care and support.

5. "Provider agency" means an entity providing services to individuals with

developmental disabilities and licensed by the department to provide services.
N.D. Cent. Code § 25-16-04 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-04
25-16-04. Inspection and report by department
Status: in_force

25-16-04. Inspection and report by department

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

licensure, to investigate complaints, and to evaluate the implementation of a plan of correction.
N.D. Cent. Code § 25-03.1-11.1 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-11.1
25-03.1-11.1. Combination of preliminary and treatment hearings
Status: in_force

25-03.1-11.1. Combination of preliminary and treatment hearings

With the consent of the court, the parties may waive the preliminary hearing and conduct

the treatment hearing within the time period set for the preliminary hearing.
N.D. Cent. Code § 25-04-11.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-11.1
25-04-11.1. Admission and disposition of nonresidents - Reciprocal agreements
Status: in_force

25-04-11.1. Admission and disposition of nonresidents - Reciprocal agreements

If an individual who has no legal residence in this state or whose residence is unknown is

found to be an eligible individual requiring care, treatment, training, rehabilitation, or supervision

from the life skills and transition center, the individual to be served must be admitted to the life

skills and transition center in the same manner, and accompanied by the same documents, as

in the case of a resident of this state. The department shall immediately inquire as to the

residence of the individual or the individual's responsible relatives, and, if the residence is found

to be in another state or country, the department shall arrange for transportation of the individual

to the place of legal residence or legal settlement unless the individual can be accommodated at

the life skills and transition center without depriving a North Dakota resident of care and

treatment at the life skills and transition center and adequate costs of care are paid for within a

reasonable time, or unless a reciprocal agreement has been entered into with another state

regarding the care and commitment of the nonresident. The department may enter into

reciprocal agreements with other states regarding the mutual exchange, return, and

transportation of individuals who are within one state but have legal residence or legal

settlement in another state. The agreements may not contain any provision conflicting with any

law of this state.
N.D. Cent. Code § 25-03.3-14 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-14
25-03.3-14. Interagency placement
Status: in_force

25-03.3-14. Interagency placement

If a committed individual also has been committed to the legal and physical custody of the

department of corrections and rehabilitation, the director of the department of corrections and

rehabilitation and the commissioner may consult one another and determine the appropriate

placement of the individual and may transfer the individual between placements.
N.D. Cent. Code § 25-06-11 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-11
25-06-11. School for the blind fund
Status: in_force

25-06-11. School for the blind fund

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 to

be used pursuant to legislative appropriation for the provision of services under this chapter.
N.D. Cent. Code § 25-03.3-10 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-10
25-03.3-10. Notice
Status: in_force

25-03.3-10. Notice

If a respondent is detained pursuant to section 25-03.3-08, the state's attorney shall provide

the respondent, or the respondent's guardian, if appropriate, with a copy of the petition filed with

the court. The state's attorney shall provide the respondent with written notice of the

respondent's right to a preliminary hearing and a commitment hearing, if probable cause is

found to exist; the right to counsel and that counsel will be appointed for the respondent, if the

respondent is indigent; and the right to have an expert of the respondent's choosing conduct an

evaluation and testify on the respondent's behalf or, if the respondent is indigent, that the court

will appoint a qualified expert for the respondent. The notice must state the date, time, and

place for the preliminary hearing. If notice is given to a respondent who the state's attorney

knows or believes is an individual with an intellectual disability, the state's attorney also shall

give notice to the respondent's attorney, guardian, and guardian ad litem, if any.
N.D. Cent. Code § 25-03.1-33 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-33
25-03.1-33. Legal incompetence - Presumption - Finding - Adjudication negated
Status: in_force

25-03.1-33. Legal incompetence - Presumption - Finding - Adjudication negated

1. No determination that a person requires treatment, no court order authorizing

hospitalization or alternative treatment, nor any form of admission to a hospital gives

rise to a presumption of, constitutes a finding of, or operates as an adjudication of

legal incompetence, or of the inability to give or withhold consent.

2. No order of commitment under any previous statute of this state, in the absence of a

concomitant appointment of a guardian, constitutes a finding of or operates as an

adjudication of legal incompetence, or of the inability to give or withhold consent.
N.D. Cent. Code § 25-01.1-36 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-36
25-01.1-36. Employees - Penalty for influencing appointment
Status: in_force

25-01.1-36. Employees - Penalty for influencing appointment

Any member of the supervising department and any officer thereof who exerts any improper

influence, by solicitation or otherwise, on the superintendent of any institution under the control

of the supervising department, in the selection of any employee or assistant, is guilty of a class

A misdemeanor.
N.D. Cent. Code § 25-03.1-37 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-37
25-03.1-37. Reports to and additional powers of department
Status: in_force

25-03.1-37. Reports to and additional powers of department

The superintendent or director of a treatment facility, by means of nonidentifying data, shall

notify the department of all admissions under this chapter to the state hospital or facility. In

addition to the specific authority granted under the provisions of this chapter, the department

shall have authority to require nonidentifying statistical data from the head of any hospital

relating to the admission, examination, diagnosis, release, or discharge of any mentally ill

patient.
N.D. Cent. Code § 25-03.3-24 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-24
25-03.3-24. Postcommitment community placement - Penalty
Status: in_force

25-03.3-24. Postcommitment community placement - Penalty

1. Following commitment of a sexually dangerous individual, the commissioner may

conduct a risk management assessment of the committed individual for the purpose of

determining whether the individual may be treated safely in the community on an

outpatient basis. The commissioner may place a committed individual in the

community for treatment on an outpatient basis only pursuant to a court order. The

commissioner may petition the court at any time for community placement. The

commissioner shall give the state's attorney of the county of community placement

notice of any petition for community placement the commissioner files with the court.

Before the petition is granted, the state's attorney has the right to be heard by the

court. The state's attorney may waive this right. At any hearing held pursuant to a

petition by the commissioner for the community placement of a committed individual,

the burden of proof required of the commissioner is a preponderance of the evidence.

The court's order of community placement must contain appropriate restrictions and

requirements for the committed individual, including:

a. Participation and compliance with a specific course of treatment;

b. Submission to electronic monitoring and any other appropriate supervision;

c. Prohibition of the individual changing place of residency or leaving the state

without prior authorization of the court;

d. Establishment of safety zones, and compliance by the committed individual with

those safety zones;

e. Requirement that the committed individual notify the court within twenty-four

hours of any change in the individual's status that affects proper treatment or

supervision;

f. Contact with victims is prohibited independent of a supervised treatment plan;

and

g. Any other restriction or requirement deemed necessary by the court to assure

public safety and proper treatment of the committed individual.

2. Violation by a committed individual of a court order issued pursuant to this section is a

class C felony.
N.D. Cent. Code § 25-03.3-01 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-01
25-03.3-01. Definitions
Status: in_force

25-03.3-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Committed individual" means an individual committed for custody and treatment

pursuant to this chapter.

2. "Intellectual disability" means mental retardation as defined in the "Diagnostic and

Statistical Manual of Mental Disorders", American psychiatric association, (4th edition,

text revision 2000).

3. "Qualified expert" means an individual who has an expertise in sexual offender

evaluations and who is a psychiatrist or psychologist trained in a clinical program and

licensed pursuant to this state's law or a psychologist approved for exemption by the

North Dakota board of psychologist examiners. For purposes of evaluating an

individual with an intellectual disability, the qualified expert must have specialized

knowledge in sexual offender evaluations of individuals with an intellectual disability.

4. "Respondent" means an individual subject to a commitment proceeding pursuant to

this chapter.

5. "Sexual act" means sexual contact between human beings, including contact between

the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth

and the vulva, or the vulva and the vulva; or the use of an object that comes in contact

with the victim's anus, vulva, or penis. Sexual contact between the penis and the

vulva, or between the penis and the anus, or an object and the anus, vulva, or penis of

the victim, occurs upon penetration, however slight. Emission is not required.

6. "Sexual contact" means any touching of the sexual or other intimate parts of an

individual for the purpose of arousing or satisfying sexual or aggressive desires.

7. "Sexually dangerous individual" means an individual who is shown to have engaged in

sexually predatory conduct and who has a congenital or acquired condition that is

manifested by a sexual disorder, a personality disorder, or other mental disorder or

dysfunction that makes that individual likely to engage in further acts of sexually

predatory conduct which constitute a danger to the physical or mental health or safety

of others. It is a rebuttable presumption that sexually predatory conduct creates a

danger to the physical or mental health or safety of the victim of the conduct. For these

purposes, intellectual disability is not a sexual disorder, personality disorder, or other

mental disorder or dysfunction.

8. "Sexually predatory conduct" means:

a. Engaging or attempting to engage in a sexual act or sexual contact with another

individual, or causing or attempting to cause another individual to engage in a

sexual act or sexual contact, if:

(1) The victim is compelled to submit by force or by threat of imminent death,

serious bodily injury, or kidnapping directed toward the victim or any human

being, or the victim is compelled to submit by any threat or coercion that

would render a person reasonably incapable of resisting;

(2) The victim's power to appraise or control the victim's conduct has been

substantially impaired by the administration or employment, without the

victim's knowledge, of intoxicants or other means for purposes of preventing

resistance;

(3) The actor knows or should have known that the victim is unaware that a

sexual act is being committed upon the victim;

(4) The victim is less than fifteen years old;

(5) The actor knows or should have known that the victim has a disability that

substantially impairs the victim's understanding of the nature of the sexual

act or contact;

(6) The victim is in official custody or detained in a treatment facility, health care

facility, correctional facility, or other institution and is under the supervisory

authority, disciplinary control, or care of the actor;

(7) The victim is a minor and the actor is an adult; or

(8) The other individual is a person related to the actor within a degree of

consanguinity within which marriages are declared incestuous and void by

section 14-03-03 and the actor knows that; or

b. Engaging in or attempting to engage in sexual contact with another individual or

causing or attempting to cause another individual to have sexual contact, if:

(1) The actor knows or should have known that the contact is offensive to the

victim; or

(2) The victim is a minor, fifteen years of age or older, and the actor is the

minor's parent, guardian, or is otherwise responsible for general supervision

of the victim's welfare.

9. "Should have known" means a reasonable individual without a congenital or acquired

condition that is manifested by a sexual disorder, a personality disorder, or other

mental disorder or dysfunction in the actor's circumstances would have known.

10. "Superintendent" means the superintendent of the state hospital or the

superintendent's designee.

11. "Treatment facility" means any hospital, including the state hospital, or any treatment

facility, including the life skills and transition center, which can provide directly, or by

direct arrangement with other public or private agencies, evaluation and treatment of

sexually dangerous individuals.
N.D. Cent. Code § 25-01.3-06 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-06
25-01.3-06. Authority of project - Annual report
Status: in_force

25-01.3-06. Authority of project - Annual report

1. Pursuant to rules adopted by the committee, the project, within the limits of legislative

appropriations, shall provide advocacy and protective services for persons with

developmental disabilities and persons with mental illnesses. The rules adopted by the

committee relating to the need for the consent of the client must balance the rights of

persons with developmental disabilities or mental illnesses to privacy and to refuse

services under section 25-01.3-11 with the committee's duties to protect the human

and legal rights of persons eligible for services and to monitor facilities for compliance

with federal and state laws and rules.

2. The project may:

a. Represent persons with developmental disabilities or mental illnesses so the

persons may realize the rights and services to which they are entitled.

b. Investigate complaints and reports if the alleged incidents are reported to the

committee or the project or if there is probable cause to believe the incidents

occurred.

c. Monitor individual habilitation or treatment plans, program plans, educational

plans, facilities and programs, and all other services and care provided to

persons with developmental disabilities or mental illnesses.

d. Employ counsel to represent clients to pursue legal, administrative, voluntary

compliance, and other appropriate remedies to ensure the protection of the rights

of persons with developmental disabilities or mental illnesses, and employ

counsel to represent the project or the committee when, in the opinion of the

attorney general, a conflict of interest under the North Dakota Rules of

Professional Conduct exists between the office of attorney general and the

committee or the project, and the conflict cannot be avoided by the appointment

of counsel under subsection 3 of section 54-12-01 or section 54-12-08.

e. Pursue legal, administrative, voluntary compliance, and other appropriate

remedies to ensure the protection and the rights of persons with developmental

disabilities or mental illnesses. Before instituting legal action in a federal or state

court on behalf of a person with developmental disabilities or mental illnesses, the

project shall exhaust in a timely manner all administrative remedies if appropriate.

If, in pursuing administrative remedies, the project determines a matter with

respect to that person will not be resolved within a reasonable time, the project

may pursue alternative remedies, including the initiation of a legal action with the

consent of the committee. However, exhaustion of administrative remedies is not

a prerequisite to initiation of a legal action if that action is instituted to prevent or

eliminate imminent serious harm to a person with developmental disabilities or

mental illnesses.

f. Sign a criminal complaint necessary to protect the interests of a person with

developmental disabilities or mental illness, or group of persons with

developmental disabilities or mental illnesses, who appear to have been

victimized by or subjected to criminal conduct.

g. Review each annual survey report and plan of corrections for cited deficiencies

made pursuant to titles XVIII and XIX of the Social Security Act with respect to

any facility rendering care or treatment to persons with developmental disabilities

or mental illnesses.

h. Provide the public, on an annual basis, an opportunity to comment on the

priorities established by, and the activities of the committee.

i. Establish a grievance procedure for clients or prospective clients to ensure

persons with developmental disabilities or mental illnesses have full access to the

services of the committee.

j. Prepare an annual report to the legislative assembly and the governor describing

the priorities, activities, accomplishments, and expenditures of the system.

k. Provide information on and referral to programs and services addressing the

needs of persons with developmental disabilities or mental illnesses.

l. Accept and administer gifts, grants, or contracts with individuals or organizations,

including the federal government, on such terms as may be beneficial to the

state.

m. Contract with any person, public or private, to carry out any responsibilities of the

project under this chapter and section 25-01-01.1.

3. The project shall use the report, complaint, and investigation process to assess the

opportunity for voluntary compliance and other appropriate remedies.
N.D. Cent. Code § 25-06-03.1 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-03.1
25-06-03.1. Criminal history record checks
Status: in_force

25-06-03.1. Criminal history record checks

The school for the blind 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 the manner provided in section 12-60-24. The school for the blind may assess all costs

associated with obtaining a criminal history record check to the individual upon whom the

criminal history record check is conducted.
N.D. Cent. Code § 25-01.1-10 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-10
25-01.1-10. Testimony taken at investigation transcribed and filed
Status: in_force

25-01.1-10. Testimony taken at investigation transcribed and filed

The supervising department shall cause the testimony taken at any investigation to be

transcribed and filed in its office within ten days after the same is taken, or as soon thereafter as

practicable. When so filed, the evidence must be open for inspection of any person.
N.D. Cent. Code § 25-03.1-46 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-46
25-03.1-46. Rules and regulations - Preparation of forms
Status: in_force

25-03.1-46. Rules and regulations - Preparation of forms

The department shall, under chapter 28-32, adopt and enforce such rules as may be

necessary for the implementation of this chapter. The supreme court, in consultation with the

department, the associations of district judges and state's attorneys, and other affected

organizations, is responsible for the preparation and the department is responsible for

distribution of the necessary and appropriate forms to enable compliance with this chapter.
N.D. Cent. Code § 25-16-09 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-09
25-16-09. Hearing on denial or revocation of license
Status: in_force

25-16-09. Hearing on denial or revocation of license

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

hearing is requested within ten days after service of written charges.
N.D. Cent. Code § 25-16-05 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-05
25-16-05. Content of license
Status: in_force

25-16-05. Content of license

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.
N.D. Cent. Code § 25-01-15 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-15
25-01-15. Money remaining in inmates' or patients' personal accounts transferred to general welfare account of institution
Status: repealed

25-01-15. Money remaining in inmates' or patients' personal accounts transferred to

general welfare account of institution.

Repealed by S.L. 1975, ch. 425, § 29.
N.D. Cent. Code § 25-17-04 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-04
25-17-04. Testing and reporting requirements
Status: repealed

25-17-04. Testing and reporting requirements

Repealed by S.L. 2015, ch. 204, § 9.
N.D. Cent. Code § 25-03.3-03 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-03
25-03.3-03. Sexually dangerous individual - Petition
Status: in_force

25-03.3-03. Sexually dangerous individual - Petition

1. If it appears that an individual is a sexually dangerous individual, the state's attorney

may file a petition in the district court alleging that the individual is a sexually

dangerous individual and stating sufficient facts to support the allegation.

2. The petition and any proceeding under section 25-03.3-11 are confidential and are not

public records or proceedings under sections 44-04-18 and 44-04-19 and sections 5

and 6 of article XI of the Constitution of North Dakota. The court may permit access to

a respondent's records or proceedings under this chapter to the respondent's

guardian, guardian ad litem, or other similarly situated individual. The court may permit

access to information in the respondent's records to other individuals who require the

information for use in performing official governmental duties. Notwithstanding any

other provision of law, proceedings under section 25-03.3-13 and any evidence

introduced or presented to the court for any such proceeding are required to be open

to the public, with the exception of a proceeding involving an individual who has not

been convicted of a sexual act as defined in section 25-03.3-01. The protections of

subsection 10 of section 12.1-34-02 and section 12.1-35-03 apply to any records or

proceedings under this chapter.
N.D. Cent. Code § 25-11-01 — ND Code / Title 25 / Chapter 25-11 / Section 25-11-01
25-11-01. Enactment of interstate compact on mental health
Status: in_force

25-11-01. Enactment of interstate compact on mental health

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

mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their

families, and society as a whole. Further, the party states find that the necessity of and

desirability for furnishing such care and treatment bears no primary relation to the residence or

citizenship of the patient but that, on the contrary, the controlling factors of community safety

and humanitarianism require that facilities and services be made available for all who are in

need of them. Consequently, it is the purpose of this compact and of the party states to provide

the necessary legal basis for the institutionalization or other appropriate care and treatment of

the mentally ill and mentally deficient under a system that recognizes the paramount importance

of patient welfare and to establish the responsibilities of the party states in terms of such

welfare.

ARTICLE II

As used in this compact:

1. "After-care" means care, treatment, and services provided a patient, as defined herein,

on convalescent status or conditional release.

2. "Institution" means any hospital or other facility maintained by a party state or political

subdivision thereof for the care and treatment of mental illness or mental deficiency.

3. "Mental deficiency" means mental deficiency as defined by appropriate clinical

authorities to such extent that a person so afflicted is incapable of managing the

person's self and affairs, but shall not include mental illness as defined herein.

4. "Mental illness" means mental disease to such extent that a person so afflicted

requires care and treatment for the person's own welfare, or the welfare of others, or of

the community.

5. "Patient" means any person subject to or eligible as determined by the laws of the

sending state, for institutionalization or other care, treatment, or supervision pursuant

to the provisions of this compact.

6. "Receiving state" means a party state to which a patient is transported pursuant to the

provisions of the compact or to which it is contemplated that a patient may be so sent.

7. "Sending state" means a party state from which a patient is transported pursuant to

the provisions of the compact or from which it is contemplated that a patient may be so

sent.

8. "State" means any state, territory, or possession of the United States, the District of

Columbia, and the Commonwealth of Puerto Rico.

ARTICLE III

1. Whenever a person physically present in any party state shall be in need of

institutionalization by reason of mental illness or mental deficiency, the person shall be

eligible for care and treatment in an institution in that state irrespective of the person's

residence, settlement, or citizenship qualifications.

2. The provisions of paragraph 1 of this article to the contrary notwithstanding, any

patient may be transferred to an institution in another state whenever there are factors

based upon clinical determinations indicating that the care and treatment of said

patient would be facilitated or improved thereby. Any such institutionalization may be

for the entire period of care and treatment or for any portion or portions thereof. The

factors referred to in this paragraph shall include the patient's full record with due

regard for the location of the patient's family, character of the illness and probable

duration thereof, and such other factors as shall be considered appropriate.

3. No state shall be obliged to receive any patient pursuant to the provisions of

paragraph 2 of this article unless the sending state has given advance notice of its

intention to send the patient; furnished all available medical and other pertinent

records concerning the patient; given the qualified medical or other appropriate clinical

authorities of the receiving state an opportunity to examine the patient if said

authorities so wish; and unless the receiving state shall agree to accept the patient.

4. In the event that the laws of the receiving state establish a system of priorities for the

admission of patients, an interstate patient under this compact shall receive the same

priority as a local patient and shall be taken in the same order and at the same time

that the person would be taken if the person was a local patient.

5. Pursuant to this compact, the determination as to the suitable place of

institutionalization for a patient may be reviewed at any time and such further transfer

of the patient may be made as seems likely to be in the best interest of the patient.

ARTICLE IV

1. Whenever, pursuant to the laws of the state in which a patient is physically present, it

shall be determined that the patient should receive after-care or supervision, such care

or supervision may be provided in a receiving state. If the medical or other appropriate

clinical authorities having responsibility for the care and treatment of the patient in the

sending state shall have reason to believe that after-care in another state would be in

the best interest of the patient and would not jeopardize the public safety, they shall

request the appropriate authorities in the receiving state to investigate the desirability

of affording the patient such after-care in said receiving state, and such investigation

shall be made with all reasonable speed. The request for investigation shall be

accompanied by complete information concerning the patient's intended place of

residence and the identity of the person in whose charge it is proposed to place the

patient, the complete medical history of the patient, and such other documents as may

be pertinent.

2. If the medical or other appropriate clinical authorities having responsibility for the care

and treatment of the patient in the sending state and the appropriate authorities in the

receiving state find that the best interest of the patient would be served thereby, and if

the public safety would not be jeopardized thereby, the patient may receive after-care

or supervision in the receiving state.

3. In supervising, treating, or caring for a patient on after-care pursuant to the terms of

this article, a receiving state shall employ the same standards of visitation,

examination, care, and treatment that it employs for similar local patients.

ARTICLE V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any

party state, that state shall promptly notify all appropriate authorities within and without the

jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy

apprehension of the escapee. Immediately upon the apprehension and identification of any such

dangerous or potentially dangerous patient, that patient shall be detained in the state where

found pending disposition in accordance with law.

ARTICLE VI

The duly accredited officers of any state party to this compact, upon the establishment of

their authority and the identity of the patient, shall be permitted to transport any patient being

moved pursuant to this compact through any and all states party to this compact, without

interference.

ARTICLE VII

1. No person shall be deemed a patient of more than one institution at any given time.

Completion of transfer of any patient to an institution in a receiving state shall have the

effect of making the person a patient of the institution in the receiving state.

2. The sending state shall pay all costs of and incidental to the transportation of any

patient pursuant to this compact, but any two or more party states may, by making a

specific agreement for that purpose, arrange for a different allocation of costs as

among themselves.

3. No provision of this compact shall be construed to alter or affect any internal

relationships among the departments, agencies, and officers of and in the government

of a party state, or between a party state and its subdivisions, as to the payment of

costs, or responsibilities therefor.

4. Nothing in this compact shall be construed to prevent any party state or subdivision

thereof from asserting any right against any person, agency, or other entity in regard to

costs for which such party state or subdivision thereof may be responsible pursuant to

any provision of this compact.

5. Nothing in this compact shall be construed to invalidate any reciprocal agreement

between a party state and a nonparty state relating to institutionalization, care, or

treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to

which such agreements may be made.

ARTICLE VIII

1. Nothing in this compact shall be construed to abridge, diminish, or in any way impair

the rights, duties, and responsibilities of any patient's guardian on the guardian's own

behalf or in respect of any patient for whom the guardian may serve, except that when

the transfer of any patient to another jurisdiction makes advisable the appointment of a

supplemental or substitute guardian, any court of competent jurisdiction in the

receiving state may make such supplemental or substitute appointment and the court

which appointed the previous guardian shall upon being duly advised of the new

appointment, and upon the satisfactory completion of such accounting and other acts

as such court may by law require, relieve the previous guardian of power and

responsibility to whatever extent shall be appropriate in the circumstances; provided,

however, that in the case of any patient having settlement in the sending state, the

court of competent jurisdiction in the sending state shall have the sole discretion to

relieve a guardian appointed by it or continue the guardian's power and responsibility,

whichever it shall deem advisable. The court in the receiving state may, in its

discretion, confirm or reappoint the person or persons previously serving as guardian

in the sending state in lieu of making a supplemental or substitute appointment.

2. The term "guardian" as used in paragraph 1 of this article shall include any guardian,

trustee, legal committee, conservator, or other person or agency however

denominated who is charged by law with power to act for or responsibility for the

person or property of a patient.

ARTICLE IX

1. No provision of this compact except article V shall apply to any person institutionalized

while under sentence in a penal or correctional institution or while subject to trial on a

criminal charge, or whose institutionalization is due to the commission of an offense for

which, in the absence of mental illness or mental deficiency, said person would be

subject to incarceration in a penal or correctional institution.

2. To every extent possible, it shall be the policy of states party to this compact that no

patient shall be placed or detained in any prison, jail, or lockup, but such patient shall,

with all expedition, be taken to a suitable institutional facility for mental illness or

mental deficiency.

ARTICLE X

1. Each party state shall appoint a "compact administrator" who, on behalf of the person's

state, shall act as general coordinator of activities under the compact in the person's

state and who shall receive copies of all reports, correspondence, and other

documents relating to any patient processed under the compact by the person's state

either in the capacity of sending or receiving state. The compact administrator or the

compact administrator's duly designated representative shall be the official with whom

other party states shall deal in any matter relating to the compact or any patient

processed thereunder.

2. The compact administrators of the respective party states shall have power to

promulgate reasonable rules and regulations to carry out more effectively the terms

and provisions of this compact.

ARTICLE XI

The duly constituted administrative authorities of any two or more party states may enter

into supplementary agreements for the provision of any service or facility or for the maintenance

of any institution on a joint or cooperative basis whenever the states concerned shall find that

such agreements will improve services, facilities, or institutional care and treatment in the fields

of mental illness or mental deficiency. No such supplementary agreement shall be construed so

as to relieve any party state of any obligation which it otherwise would have under other

provisions of this compact.

ARTICLE XII

This compact shall enter into full force and effect as to any state when enacted by it into law

and such state shall thereafter be a party thereto with any and all states legally joining therein.

ARTICLE XIII

1. A state party to this compact may withdraw therefrom by enacting a statute repealing

the same. Such withdrawal shall take effect one year after notice thereof has been

communicated officially and in writing to the governors and compact administrators of

all other party states. However, the withdrawal of any state shall not change the status

of any patient who has been sent to said state or sent out of said state pursuant to the

provisions of the compact.

2. Withdrawal from any agreement permitted by Article VII-2 as to costs or from any

supplementary agreement made pursuant to Article XI shall be in accordance with the

terms of such agreement.

ARTICLE XIV

This compact shall be liberally construed so as to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence, or provision

of this compact is declared to be contrary to the constitution of any party state or of the United

States or the applicability thereof to any government, agency, person, or circumstance is held

invalid, the validity of the remainder of this compact and the applicability thereof to any

government, agency, person, or circumstance shall not be affected thereby. If this compact shall

be held contrary to the constitution of any state party thereto, the compact shall remain in full

force and effect as to the remaining states and in full force and effect as to the state affected as

to all severable matters.
N.D. Cent. Code § 25-02-12 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-12
25-02-12. Oath required of appointive members
Status: repealed

25-02-12. Oath required of appointive members

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-07-11 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-11
25-07-11. Home intervention program
Status: in_force

25-07-11. Home intervention program

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 parents of such children. This home intervention program must be carried out by college

or university trained teachers of the deaf, speech pathologists, or audiologists.
N.D. Cent. Code § 25-01.2-06 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-06
25-01.2-06. Labor - Wages - Money
Status: in_force

25-01.2-06. Labor - Wages - Money

1. An individual with a developmental disability who is receiving services from a public or

private agency or organization must be permitted to seek employment and work in

integrated settings if this is a desire of the individual.

2. An individual with a developmental disability who performs labor that is of any

consequential economic benefit to a public or private agency or organization shall

receive wages that are commensurate with the value of the work performed, in

accordance with applicable federal and state laws and regulations. An individual of an

institution, facility, or individualized setting may be required to perform tasks of a

personal housekeeping nature in the individual's living quarters without compensation.

3. An individual with a developmental disability may use the individual's money as the

individual chooses, unless the individual is a minor or is prohibited from doing so under

a court guardianship or conservatorship order.

4. An individual with a developmental disability may deposit money, or cause money to

be deposited, in the individual's name with a financial institution of the individual's

choice, or the individual may deposit the money with a public or private agency or

organization. The public or private agency or organization may not retain any money

deposited with the public or private agency or organization under this subsection, but

shall hold all such funds in an account in the individual's name. All earnings

attributable to an individual's money must accrue to the individual.

5. No public or private agency or organization, nor any of the public or private agency or

organization's employees may be made representative payee for an individual without

the individual's informed consent.

6. When an individual is discharged, all of the individual's money, including earnings,

must be returned to the individual.

7. A public or private agency or organization licensed by the department to provide

services to an individual with a developmental disability shall document any

restrictions of these rights in the individual's person-centered service plan.