reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17.1 - Authorized Agent in Providing Child Welfare Services › Section 75-03-17.1-02 - Department request for county social service board release as authorized agent in providing child welfare services

Current through Supplement No. 393, July, 2024
1. The department may release a county social
				service board as its authorized agent in providing any or all child welfare
				services when a county social service board demonstrates an inability or
				unwillingness to follow law, rules, or policies in providing child welfare
				services. When the department seeks to release a county social service board as
				its authorized agent, it shall provide written notice to the county social
				service board stating the reasons. The county social service board shall have
				sixty days to respond to the notice by either:
a. Accepting the request for release; or
b. Requesting a corrective action
				plan.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17.1 - Authorized Agent in Providing Child Welfare Services › Section 75-03-17.1-03 - County request for reinstatement as authorized agent in providing child welfare services

Current through Supplement No. 393, July, 2024
If a county social service board seeks to reinstate its
				  status as the department's authorized agent, it may submit a written request to
				  the department. The department shall respond to this request within forty-five
				  days by conducting an assessment to determine whether the circumstances leading
				  to the county social service board's release as the department's authorized
				  agent still exist or have been adequately resolved.
General Authority: NDCC
					 50-06-15
Law Implemented: NDCC
					 50-01.2-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17.1 - Authorized Agent in Providing Child Welfare Services › Section 75-03-17.1-04 - County social service board financial responsibility upon release as authorized agent in providing child welfare services

Current through Supplement No. 393, July, 2024
Upon approval of a request for release as authorized agent by
				  the department, or if the department initiates the release of a county as an
				  authorized agent, the following will occur:
1. The department, in consultation with the
				county social service board, will obtain a provider to deliver identified child
				welfare services at a reasonable rate for the county social service board
				released from providing child welfare services. The county social service board
				released from providing child welfare services shall not be responsible for any
				legal actions regarding the quality or delivery of the services provided by the
				subsequent authorized agent.
2.
				For administrative costs, the department will pay the subsequent authorized
				agent the negotiated rate for providing the services. The county social service
				board released from providing child welfare services will be responsible for
				the difference between the negotiated rate and the approved reimbursement rate
				for child protective services assessments and child care licensing. Child
				welfare case management services will be reimbursed in the manner used for
				reimbursing county administrative expenditures. The county social service board
				released from providing any or all child welfare services shall remain
				responsible for the total cost of any or all child welfare services while
				continuing eligibility for federal, state-appropriated, and other appropriated
				funds.
General Authority: NDCC
					 50-06-15
Law Implemented: NDCC
					 50-01.2-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Assessing
				agency" means the human service zone where the report of suspected abuse or
				neglect is assessed, or, in certain instances, the department.
2. "Assessment" is the factfinding process
				designed to provide information which enables a decision to be made whether a
				child meets the definition of an abused or neglected child.
3. "Decision" means the determination made
				under North Dakota Century Code section 50-25.1-05.1 whether a child meets the
				definition an abused or neglected child.
4. "Department" means the North Dakota
				department of human services or its authorized agent.
5. "Subject" means a person responsible for
				the child's welfare as defined by North Dakota Century Code section
				50-25.1-02.
General Authority:
NDCC 50-25.1-05.4
Law Implemented:
NDCC 50-25.1-04.1,
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-02 - Who may file an appeal

Current through Supplement No. 393, July, 2024
1. The
				subject of an assessment of suspected child abuse or neglect who is aggrieved
				by the result of the assessment or child protection tier designation may file
				an appeal.
2. A staff member of
				child protection services shall notify the subject in writing of the decision
				resulting from an assessment, including the child protection tier designation.
				The staff member of child protection services who notifies the subject of the
				decision resulting from the assessment shall complete an affidavit of mailing
				that becomes a part of the assessment record in the form and manner prescribed
				by the department.
3. Written
				appeal procedures are available from the department upon request.
General Authority:
NDCC 50-25.1-05.4,
					 50-25.1-05.5
Law Implemented:
NDCC 50-25.1-05.4,
					 50-25.1-05.5
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-03 - Request for appeal to be in writing - Where filed - Content

Current through Supplement No. 393, July, 2024
A request for an appeal must be in writing on forms developed
				  and provided by the department. The subject shall submit the written request
				  for an appeal and formal hearing to:
Appeals Supervisor
North Dakota Department of Human Services
State Capitol - Judicial Wing
600 East Boulevard Avenue
Bismarck, North Dakota 58505-0250
The written request must include:
1. A succinct statement by the subject as to
				why the subject disagrees with the decision;
2. All reasons or grounds the subject
				disagrees with must be included in a single request for appeal; and
3. A statement of the relief sought by the
				subject.
General Authority: NDCC
					 50-25.1-05.4
Law Implemented: NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-04 - Time for filing request for appeal

Current through Supplement No. 393, July, 2024
An appeal may not be filed before the date of an assessment
				  decision or child protection tier designation and must be received by the
				  department within thirty days after the documented date of the subject
				  notification of the decision in accordance with procedures in
				  chapter
				  75-01-03. Notification
				  is considered to have occurred three days after the date on the affidavit of
				  mailing. A postmark date is not accepted as the received date.
General Authority:
NDCC 50-25.1-05.4,
					 50-25.1-05.5
Law Implemented:
NDCC 50-25.1-05.4,
					 50-25.1-05.5
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-05 - Informal meeting

Current through Supplement No. 393, July, 2024
This chapter shall be construed to encourage informal,
				  mutually consensual meetings or discussions between the subject and the
				  assessing agency. Such informal review will not suspend or extend the time for
				  filing an appeal pursuant to section 75-03-18-04.
General Authority:
NDCC 50-25.1-05.4
Law Implemented:
NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-07 - Formal hearing

Current through Supplement No. 393, July, 2024
The formal hearing must be conducted in substantial
				  conformity with applicable provisions of chapter 75-01-03.
General Authority: NDCC
					 50-25.1-05.4
Law Implemented: NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-07.1 - Treatment of witnesses

Current through Supplement No. 393, July, 2024
1. The hearing must
				be conducted according to any fair treatment standards adopted by the
				legislative assembly or the supreme court for the protection of witnesses or
				children in court proceedings.
2.
				If any child is to be called as a witness during the appeal hearing, whether
				for deposition, discovery, or for the hearing, the office of administrative
				hearings may appoint a guardian ad litem for the child witness. If the child
				witness is the victim and the party calling the victim is the subject and the
				victim's parent or guardian, the office of administrative hearings shall
				appoint a guardian ad litem for the child victim. A guardian ad litem's
				involvement is considered to be assisting in an investigation or child
				protection assessment.
General Authority:
NDCC 50-25.1-05.4
Law Implemented:
NDCC 50-25.1-03,
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-10 - Confidentiality

Current through Supplement No. 393, July, 2024
1. Information
				furnished at any informal conference, grievance meeting, and formal hearing is
				confidential and subject to the provisions of North Dakota Century Code
				sections 50-06-15, 50-25.1-11, and 50-25.1-14.
2. The identity of a reporter of any incident
				of suspected abuse and neglect may not be disclosed at any informal conference
				or at any grievance meeting conducted under this chapter or chapter
				75-03-18.1.
General Authority:
NDCC 50-25.1-05.4
Law Implemented:
NDCC 50-25.1-05.4, 50-06-15,
					 50-25.1-11, 50-25.1-14
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-11 - Evidence

Current through Supplement No. 393, July, 2024
1. Any privilege of communication between
				husband and wife or between any professional person and that person's patient
				or client, except between attorney and client or involving members of the
				clergy acting as spiritual advisers, does not constitute grounds for the
				exclusion of evidence during an assessment of reported suspected child abuse or
				neglect, or during an appeal under this chapter or under North Dakota Century
				Code chapter 28-32.
2. Any
				statement, relied upon by the department made by a child who is a suspected
				victim of a report of suspected child abuse or neglect or who is a witness to
				the suspected abuse or neglect of another child may be introduced into
				evidence.
3. Copies of any
				statements or any records sought to be entered into evidence shall be redacted
				to protect any statutory confidentiality requirements.
General Authority: NDCC
					 50-25.1-05.4
Law Implemented: NDCC
					 50-25.1-03,
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-12 - Effect of appeal

Current through Supplement No. 393, July, 2024
Neither a request for appeal under this chapter nor an appeal
				  from that decision under North Dakota Century Code chapter 28-32 shall be
				  construed to suspend the requirement to provide services during the time of the
				  appeal until such time as a final decision overturning the case decision has
				  been made and not appealed.
General Authority:
NDCC 50-25.1-05.4
Law Implemented:
NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18 - Procedures for Appeal of Child Abuse and Neglect Assessments › Section 75-03-18-13 - Effect of reversal of case decision or appeal

Current through Supplement No. 393, July, 2024
If an assessment decision is reversed on appeal under this
				  chapter or under North Dakota Century Code chapter 28-32, a notation of the
				  fact that the finding was reversed must be added to the record and the
				  department may not place the subject on the child abuse information
				  index.
General Authority:
NDCC 50-25.1-05.4,
					 50-25.1-05.5
Law Implemented:
NDCC 50-25.1-05.4,
					 50-25.1-05.5
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18.1 - Child Abuse and Neglect Assessment Grievance Procedure for Conduct of the Assessment › Section 75-03-18.1-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Department" means the North Dakota
				department of human services.
2.
				"Director" means the director of the human service zone or the director's
				designee.
3. "Subject" means a
				person responsible for the child's welfare as defined by North Dakota Century
				Code section 50-25.1-02.
General Authority:
NDCC 50-25.1-05.4
Law Implemented:
NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18.1 - Child Abuse and Neglect Assessment Grievance Procedure for Conduct of the Assessment › Section 75-03-18.1-02 - Who may file grievance

Current through Supplement No. 393, July, 2024
Only the subject of a report of suspected child abuse or
				  neglect who is aggrieved by the conduct of the assessment may file a grievance.
General Authority: NDCC
					 50-25.1-05.4
Law Implemented: NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18.1 - Child Abuse and Neglect Assessment Grievance Procedure for Conduct of the Assessment › Section 75-03-18.1-03 - Grievance to be in writing - Contents - Time for filing

Current through Supplement No. 393, July, 2024
1. The grievance must be in writing on forms
				developed and provided by the department and must contain a succinct statement
				of the grievant's objections to the conduct of the assessment.
2. A grievance must be filed with the
				director of the human service zone which provided the written assessment
				decision notification within ten days of the grievant's receipt of the written
				decision of the department.
General Authority:
NDCC 50-25.1-05.4
Law Implemented:
NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18.1 - Child Abuse and Neglect Assessment Grievance Procedure for Conduct of the Assessment › Section 75-03-18.1-04 - Grievance meeting

Current through Supplement No. 393, July, 2024
1. If a grievance
				is filed, the human service zone completing the assessment shall schedule a
				grievance meeting with the subject. This meeting must be held within ten days
				of the director's receipt of the written grievance. The director shall preside
				at the grievance meeting.
2. At a
				maximum, the grievance meeting may include the following participants:
a. An individual designated by the
				department;
b. Two individuals that
				the subject determines should be present; and
c. Up to two human service zone-selected
				individuals having information concerning the conduct of the
				assessment.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18.1 - Child Abuse and Neglect Assessment Grievance Procedure for Conduct of the Assessment › Section 75-03-18.1-05 - Grievance meeting decision

Current through Supplement No. 393, July, 2024
Within ten days after conclusion of the grievance meeting,
				  the director shall prepare a written summary of the meeting and the resolution
				  of the grievance. The written summary must be based on the files, records, and
				  information received at the grievance hearing. The written summary and
				  resolution constitutes the final determination of the grievance. The summary
				  and resolution of the director must be sent to the grievants and the individual
				  designated by the department.
General Authority:
NDCC 50-25.1-05.4
Law Implemented:
NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18.1 - Child Abuse and Neglect Assessment Grievance Procedure for Conduct of the Assessment › Section 75-03-18.1-06 - Informal conference

Current through Supplement No. 393, July, 2024
This chapter must be construed to encourage informal,
				  mutually consensual conferences or discussions between the subject and the
				  assessing agency. Such informal conferences may not suspend or extend the time
				  for filing a grievance under this chapter or for filing an appeal under chapter
				  75-03-18.
General Authority: NDCC
					 50-25.1-05.4
Law Implemented: NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-18.1 - Child Abuse and Neglect Assessment Grievance Procedure for Conduct of the Assessment › Section 75-03-18.1-07 - Confidentiality

Current through Supplement No. 393, July, 2024
Information furnished at the informal conference and
				  grievance meeting is confidential and subject to the provisions of North Dakota
				  Century Code section
				  50-25.1-11.
General Authority: NDCC
					 50-25.1-05.4
Law Implemented: NDCC
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code chapter 50-25.1, except:
1. "Assessment" means an alternative response
				assessment, child protection assessment, and family services assessment as
				defined in North Dakota Century Code chapter 50-25.1-02.
2. "Decision" means the determination made
				under North Dakota Century Code section 50-25.1-05.1 whether a child meets the
				definition of an abused or neglected child.
3. "Subject" means a person responsible for
				the child's welfare as defined by North Dakota Century code section
				50-25.1-02.
General Authority:
NDCC 50-25.1-05
Law Implemented:
NDCC
					 50-25.1-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-02 - Department's authorized agent to receive reports and conduct assessments - Reimbursement

Current through Supplement No. 393, July, 2024
The department's authorized agent shall act as designee of
				  the department for the purpose of receiving reports of suspected child abuse or
				  neglect and conducting assessments, except as otherwise provided for by law or
				  as otherwise determined by the department in a particular case.
General Authority:
NDCC 50-25.1-05
Law Implemented:
NDCC 50-25.1-02(3),
					 50-25.1-04, 50-25.1-05, 50-25.1-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-03 - Time for initiating assessments - Emergencies

Current through Supplement No. 393, July, 2024
All nonemergency child abuse or neglect assessments must be
				  initiated within time frames established by the department after receipt of a
				  report by the assessing agency. In cases involving a serious threat or danger
				  to the life or health of a child, the assessment and any appropriate protective
				  measures must commence immediately upon receipt of a report by the assessing
				  agency. An assessment is initiated by contact with the alleged abused or
				  neglected child, a law enforcement officer with jurisdiction in the location
				  where the child may be found or where the alleged abuse or neglect occurred, or
				  the subject of the report.
General Authority:
NDCC 50-25.1-05
Law Implemented:
NDCC
					 50-25.1-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-04 - Time for completing assessments

Current through Supplement No. 393, July, 2024
Assessments of reports of suspected child abuse or neglect
				  must be completed, a decision made, and a written report completed and
				  submitted to the individual designated by the department within sixty-two days
				  from the date of receipt of the report unless an extension of the time is
				  requested of and granted by the department.
General Authority:
NDCC 50-25.1-05
Law Implemented:
NDCC
					 50-25.1-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-06 - Assessment procedures

Current through Supplement No. 393, July, 2024
Assessments of reports of suspected child abuse or neglect
				  must be conducted by the department or its authorized agents in substantial
				  conformity with the policies of the department. Assessments of reports of
				  suspected child abuse or neglect must reflect:
1. An assessment process designed to collect
				sufficient information to make a decision whether child abuse or neglect is
				confirmed, confirmed with an unknown subject, unconfirmed, or unable to
				determine to provide for the protection and treatment of an abused or neglected
				child;
2. Assessment techniques
				that include interviewing and observing the subject and the child victim,
				interviewing other interested or affected persons, and documenting those
				interviews and observations;
3.
				Conclusions and a summary based on information gathered by assessment
				techniques described in subsection 2; and
4. If the child abuse or neglect decision is
				confirmed or confirmed within an unknown subject and the child remains at
				substantial risk of continued abuse or neglect due to a supported state of
				impending danger, development of service plans for the provision of protective
				services based on goals and objectives established by the department or its
				authorized agent for the subject and for the family of the child
				victim.
General Authority:
NDCC 50-25.1-05,
					 50-25.1-05.4
Law Implemented:
NDCC 50-25.1-05,
					 50-25.1-05.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-07 - Caseload standards

Current through Supplement No. 393, July, 2024
Any authorized agent designated by the department to receive
				  reports and conduct assessments of reports of suspected child abuse or neglect
				  shall adhere to the caseload standards establishing minimum staff-to-assessment
				  ratios.
General Authority:
NDCC 50-25.1-05
Law Implemented:
NDCC 50-25.1-05,
					 50-25.1-06.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-08 - Exchange and transfer of information

Current through Supplement No. 393, July, 2024
The department and its authorized agent may exchange or
				  transfer information and records concerning the reports or assessments among
				  and between personnel of each respective agency to the extent necessary to
				  perform the duties and effectuate the purposes set forth in North Dakota
				  Century Code chapter 50-25.1.
General Authority: NDCC
					 50-25.1-05
Law Implemented: NDCC
					 50-25.1-05,
					 50-25.1-11
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-09 - Child abuse or neglect complaint or allegation

Current through Supplement No. 393, July, 2024
At the initial contact, the department or its authorized
				  agent shall advise the subject of a report of suspected child abuse or neglect
				  of the specific complaints or allegations made against the individual.
General Authority: NDCC
					 50-25.1-05
Law Implemented: NDCC
					 50-25.1-05,
					 50-25.1-11
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-10 - Training requirements

Current through Supplement No. 393, July, 2024
The department shall maintain a child welfare certification
				  training program to protect the legal rights and safety of children and
				  families. The training curriculum must include the legal duties of child
				  protection services. Each child protective services worker providing child
				  protection services must complete the first available training program upon
				  hiring, unless otherwise approved by the department.
General Authority:
NDCC 50-25.1-05
Law Implemented:
NDCC 50-25.1-05,
					 50-25.1-11
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19 - Assessment of Child Abuse and Neglect Reports › Section 75-03-19-11 - Child abuse information index

Current through Supplement No. 393, July, 2024
1. The child
				abuse information index is comprised of three child protection tiers. The
				highest child protection tier is comprised of the most severe form of
				maltreatment with the lowest tier consisting of the least severe form of
				maltreatment. The department shall assign each subject with a confirmed or
				confirmed with unknown subject determination a child protection tier in
				correlation with the maltreatment determination.
a. Child protection tier 1. Subjects
				determined to have abused or neglected a child for any of the following
				maltreatment determinations shall remain on the child abuse information index
				for a period of twenty-five years:
(1)
				Physical abuse resulting in death of a child;
(2) Neglect resulting in death of a
				child;
(3) Sexual abuse;
(4) Physical abuse or neglect resulting in
				near death of a child;
(5) Physical
				abuse or neglect resulting in bodily injury that created a substantial risk of
				death, or caused serious permanent disfigurement, unconsciousness, extreme
				pain, permanent loss or impairment of the function of any bodily member or
				organ, a bone fracture, or impediment of air flow or blood flow to the brain or
				lungs; or
(6) Physical abuse or
				neglect resulting in substantial temporary disfigurement, loss, or impairment
				of the function of any bodily member or organ.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19.1 - Child Fatality Review Panel › Section 75-03-19.1-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code chapter 50-25.1, except:
1. "Decision" means the conclusion reached by
				the panel regarding:
a. Manner of death listed
				on the death certificate;
b.
				Whether a death was preventable, nonpreventable, or preventability
				undeterminable;
c. Cause of death,
				if possible;
d. Circumstances that
				contributed to the death; and
e.
				Changes in policy, practices, and law to prevent children's deaths.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19.1 - Child Fatality Review Panel › Section 75-03-19.1-02 - Panel membership

Current through Supplement No. 393, July, 2024
1. A panel member
				may be removed by a majority vote of the panel for:
a. A violation of confidentiality;
b. A violation of that panel member's
				professional code of ethics;
c.
				Any criminal violation;
d.
				Resignation from the position which made the panel member eligible for panel
				membership; or
e. Absenteeism.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19.1 - Child Fatality Review Panel › Section 75-03-19.1-03 - Duties

Current through Supplement No. 393, July, 2024
1. The panel shall review death certificates
				of all children whose deaths occurred in North Dakota. Deaths of children which
				are sudden, unexpected, or unexplained shall receive an indepth review.
2. The department of human
				services and the state department of health shall collaborate in the review of
				child deaths. The vital records division of the state department of health
				shall provide death certificates for children under the age of eighteen to the
				panel.
3. The panel shall provide
				an indepth review of child deaths identified on the death certificate as:
a. Accident;
b. Suicide;
c. Homicide;
d. Pending investigation; or
e. Could not be determined.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19.1 - Child Fatality Review Panel › Section 75-03-19.1-04 - Confidentiality of records

Current through Supplement No. 393, July, 2024
Panel records are confidential and shall be released
				  according to North Dakota Century Code sections
				  23-02.1-27 and
				  50-25.1-11, except that
				  third-party information received by the panel may not be rereleased.
General Authority: NDCC
					 50-25.1-04.2
Law Implemented: NDCC
					 50-25.1-04.3
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19.2 - Approved Locations for Abandoned Infants › Section 75-03-19.2-01 - Definitions

Current through Supplement No. 393, July, 2024
Those definitions set forth in North Dakota Century Code
				  section 50-25.1-02 are applicable to this chapter. Additionally, in this
				  chapter, unless the context or subject matter requires otherwise:
1. "Criminal justice agencies" means the
				state highway patrol, a county sheriff's department, bureau of criminal
				investigation, a city police department, a university or college police
				department.
2. "Emergency medical
				services operations" has the same meaning as defined in North Dakota Century
				Code section 23-27-02.
3. "Human
				service zones" has the same meaning as defined in North Dakota Century Code
				section 50-01.1-01.
4. "Local
				public health units" has the same meaning as defined in North Dakota Century
				Code section 23-35-01.
5. "Long-term
				care nursing facilities" has the same meaning as a "facility" or "nursing
				facility" as defined in section
				33-07-05-03.
6. "Regional human service centers" has the
				same meaning as defined in North Dakota Century Code section
				50-06-05.3.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-25.1-15
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19.2 - Approved Locations for Abandoned Infants › Section 75-03-19.2-02 - Department's authorized agent to receive reports and conduct assessments

Current through Supplement No. 393, July, 2024
The department's authorized agent shall act as designee of
				  the department for the purpose of receiving reports of infants abandoned under
				  the provisions of chapter 75-03-19 and North Dakota Century Code section
				  50-25.1-15. Upon receipt of a report of an infant abandoned under North Dakota
				  Century Code section 50-25.1-15, the department's authorized agent shall
				  conduct an assessment. Upon a determination that the infant is unharmed, the
				  assessment must be terminated and no child abuse or neglect assessment decision
				  shall be made.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-25.1-15
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19.2 - Approved Locations for Abandoned Infants › Section 75-03-19.2-03 - Approved locations

Current through Supplement No. 393, July, 2024
Approved locations for relinquishing an infant with an
				  on-duty staff member under this chapter is limited to the following physical
				  locations, as well as the offsite location of on-duty staff members of the
				  following:
1. Local public health
				units;
2. Human service
				zones;
3. Regional human service
				centers;
4. Long-term care nursing
				facilities;
5. Children's advocacy
				centers;
6. Emergency medical
				services operations; and
7.
				Criminal justice agencies.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-25.1-15
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-19.2 - Approved Locations for Abandoned Infants › Section 75-03-19.2-04 - Infants abandoned at a hospital at birth

Current through Supplement No. 393, July, 2024
When an infant is born and abandoned at birth while remaining
				  at the same hospital, the infant will be considered an abandoned infant under
				  this chapter when the parent of a child in that parent's custody fails to
				  arrange for the child's discharge within ten days after the child no longer
				  requires hospital care without regard to a parent's or agent's verbal statement
				  of intention to abandon the infant.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-25.1-15
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-02 - Financial reporting requirements

Current through Supplement No. 393, July, 2024
1.
				Records.
a. The center will maintain on the
				premises census records and financial information which will be sufficient to
				provide for a proper audit or review. For any cost being claimed on the cost
				report, sufficient data must be available as of the audit date to fully support
				the report item.
b. Where several
				centers are associated with a group and their accounting and reports are
				centrally prepared, added information must be submitted for those items known
				to be lacking support at the reporting center prior to the audit or review of
				the center. Accounting or financial information regarding related organizations
				must be readily available to substantiate cost.
c. Each center shall maintain, for a period
				of not less than five years following the date of submission of the cost report
				to the state agency, financial and statistical records of the period covered by
				such cost report which are accurate and in sufficient detail to substantiate
				the cost data reported. Each center shall make such records available upon
				reasonable demand to representatives of the department.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-03 - General cost principles

Current through Supplement No. 393, July, 2024
1. For
				ratesetting purposes, a cost must:
a. Be
				ordinary, necessary, and related to client care;
b. Be no more than an amount which a prudent
				and cost-conscious business person would pay for the specific good or service
				in the open market in an arm's length transaction; and
c. Be for goods or services actually provided
				in the center.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-04 - Ratesetting

Current through Supplement No. 393, July, 2024
1. The established rate is based on
				prospective ratesetting procedures. The establishment of a rate begins with
				historical costs. Adjustments are then made for claimed costs which are not
				includable in allowable costs. Adjustment factors are then applied to allowable
				costs. No retroactive settlements for actual costs incurred during the rate
				year which exceed the final rate will be made unless specifically provided for
				in this chapter.
2. Desk audit
				rate.
a. The department will establish desk
				rates for maintenance and rehabilitation, based on the cost report, which will
				be effective the first day of the seventh month following the center's fiscal
				yearend.
b. The desk rates will
				continue in effect until final rates are established.
c. The cost report will be reviewed taking
				into consideration the prior year's adjustments. Centers will be notified by
				telephone or mail of any desk adjustments based on the desk review. Within
				seven working days after notification, the center may submit information to
				explain why a desk adjustment should not be made. The department will review
				the submitted information, make appropriate adjustments, including adjustment
				factors, and issue the desk rates.
d. No reconsideration will be given by the
				department for the desk rates unless the center has been notified that the desk
				rates are the final rates.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-05 - Client census

Current through Supplement No. 393, July, 2024
1. A daily census
				record must be maintained by the center. Any day for which services are
				provided or payment is ordinarily sought for an available bed must be counted
				as a client day. The day of admission or death must be counted. The day of
				discharge must be counted if payment is sought for that day. No payment may be
				sought from the department for the day of discharge. No payment may be sought
				from the department for the rehabilitation portion of the rate for any day in
				which the resident was not in the facility.
2. The daily census records must include:
a. Identification of the client;
b. Entries for all days. Entries may not be
				made just by exception; and
c.
				Identification of type of day, i.e., in-house or hospital day.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-06 - Cost categories

Current through Supplement No. 393, July, 2024
1.
Administration.
Costs for administration include only those
				allowable costs for administering the overall activities of the center
				identified as follows:
a. Compensation for
				administrators, regional directors, program directors, accounting personnel,
				clerical personnel, secretaries, receptionists, data processing personnel,
				purchasing personnel, and security personnel.
b. Office supplies and forms.
c. Insurance, except property insurance
				directly identified to other cost categories, and insurance included as a
				fringe benefit.
d. The cost of
				telephone service not specifically included in other cost categories.
e. Postage and freight.
f. Professional fees for services such as
				legal, accounting, and data processing.
g. Central or home office costs.
h. Personnel recruitment costs.
i. Management consultants and fees.
j. Dues, license fees, and
				subscriptions.
k. Travel and
				training not specifically included in other cost categories.
l. Utilities. The cost of heating and
				cooling, electricity, and water, sewer, and garbage for space used to provide
				administration.
m. Repairs. The
				cost of routine repairs and maintenance of property and equipment used to
				provide administration.
n. Plant
				and housekeeping salaries. The cost of plant operation and housekeeping
				salaries and fringe benefits associated with the space used to provide
				administration.
o. Property costs.
				Depreciation, interest, taxes, and lease costs on equipment and buildings for
				space used to provide administration.
p. Interest on funds borrowed for working
				capital.
q. Startup costs.
r. Any costs which cannot be
				specifically classified or assigned as a direct cost to other cost categories.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-07 - Cost allocation

Current through Supplement No. 393, July, 2024
1. Direct costing
				of allowable costs will be used whenever possible. If direct costing is not
				possible and the center has more than one license or has services which are
				jointly used for administration, education, maintenance, rehabilitation, or
				nonclient activities, the following allocation methods will be used:
a. Salaries which cannot be reported based on
				direct costs are to be allocated using time studies. Time studies must be
				conducted at least semiannually for a two-week period or quarterly for a
				one-week period. The time study must represent a typical period of time when
				employees are performing normal work activities in each of their assigned areas
				of responsibility. Allocation percentages based on the time studies are to be
				used starting with the next pay period following completion of the time study
				or averaged for the report year. The methodology used by the center may not be
				changed without approval by the department.
b. Salaries of direct care supervisory
				personnel may be allocated based on full-time equivalents of the employees
				supervised or on a ratio of salaries.
c. Fringe benefits must be allocated based on
				the ratio of salaries to total salaries.
d. Plant operation expenses must be allocated
				based on square footage.
e.
				Property costs must be allocated based on square footage.
f. Administration cost must be allocated on
				the basis of the percentage of total costs, excluding administration and
				property costs, in each cost center.
g. Dietary costs and food must be allocated
				based on meals served.
h. Vehicle
				expenses must be allocated based on mileage logs. Mileage logs must include
				documentation for all miles driven and purpose of travel. If sufficient
				documentation is not available to determine which cost category vehicle
				expenses are to be allocated to, vehicle expenses will be allocated in total to
				administration.
i. Costs not
				direct costed or allocable using methods identified in subdivisions a through h
				must be included as administration costs.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-09 - Depreciation

Current through Supplement No. 393, July, 2024
1. Ratesetting principles require that
				payment for services should include depreciation on all depreciable type assets
				that are used to provide necessary services. This includes assets that may have
				been fully or partially depreciated on the books of the center, but are in use
				at the time the center enters the program. The useful lives of such assets are
				considered not to have ended and depreciation calculated on the revised
				extended useful life is allowable. Likewise, a depreciation allowance is
				permitted on assets that are used in a normal standby or emergency capacity. If
				any depreciated personal property asset is sold or disposed of for an amount
				different than its undepreciated value, the difference represents an incorrect
				allocation of the cost of the asset to the center and must be included as a
				gain or loss on the cost report.
2. Depreciation methods.
a. The straight-line method of depreciation
				must be used. All accelerated methods of depreciation including depreciation
				options made available for income tax purposes, such as those offered under the
				asset depreciation range system, are unacceptable. The method and procedure for
				computing depreciation must be applied on a basis consistent from year to year,
				and detailed schedules of individual assets must be maintained. If the books of
				account reflect depreciation different than that submitted on the cost report,
				a reconciliation must be prepared by the center.
b. Centers must use a composite useful life
				of ten years for all equipment and land improvements, and four years for
				vehicles. Buildings and improvements to buildings are to be depreciated over
				the length of the mortgage or a minimum of twenty-five years, whichever is
				greater.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-10 - Interest expense

Current through Supplement No. 393, July, 2024
To be allowable under the program, interest must be:
1. Supported by evidence of an agreement that
				funds were borrowed and that payment of interest and repayment of the funds are
				required. Repayment of operating loans must be made within two years of the
				borrowing.
2. Identifiable in the
				center's accounting records.
3.
				Related to the reporting period in which the costs are incurred.
4. Necessary and proper for the operation,
				maintenance, or acquisition of the center. Necessary means that the interest be
				incurred on a loan made to satisfy a financial need of the center and for a
				purpose reasonable related to client care. Proper means that the interest be
				incurred at a rate not in excess of what a prudent borrower would have had to
				pay in an arm's-length transaction. In addition, the interest must be paid to a
				lender not related to the center through common ownership or control.
5. Unrelated to funds borrowed to
				finance costs of assets in excess of the depreciable cost of the asset as
				recognized in "depreciation".
6.
				In such cases where it is necessary to issue bonds for financing, any bond
				premium or discount will be amortized on a straight-line basis over the life of
				the bond issue.
General Authority: NDCC
					 25-03.2-10,
					 50-06-16
Law Implemented: NDCC
					 25-03.2