North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-25 - Background checks and criminal conviction - Effect on operation of facility or employment by facility

Current through Supplement No. 393, July, 2024
1. The department
				requires an initial fingeprint-based criminal background check for all
				personnel with direct contact with residents. Subsequent fingerprint-based
				background checks are not required for personnel maintaining continuous
				employment at the facility, unless the department determines a need exists to
				conduct a subsequent investigation.
2. The department requires a child abuse and
				neglect index check as part of the intial fingerprint-based background check.
				An annual child abuse and neglect index check must be completed and placed in
				the personnel file.
3. A facility
				administrator may not be, and a facility may not employ or place, in any
				capacity that involves or permits contact between personnel and any resident
				cared for by the facility, an individual who is known to have been found guilty
				of, pled guilty to, or pled no contest to:
a.
				An offense described in North Dakota Century Code chapter 12.1-16, homicide;
				12.1-17, assaults - threats - coercion - harassment; 12.1-18, kidnapping;
				12.1-27.2, sexual performances by children; or 12.1-41, Uniform Act on
				Prevention of and Remedies for Human Trafficking; or 19-03.1, Uniform
				Controlled Substance Act, if class A, B, or C felony under that chapter; or in
				North Dakota Century Code section 12.1-20-03, gross sexual imposition;
				12.1-20-03.1, continuous sexual abuse of a child; 12.1-20-04, sexual
				imposition; 12.1-20-05, corruption or solicitation of minors; 12.1-20-05.1,
				luring minors by computer or other electronic means; 12.1-20-06, sexual abuse
				of wards; 12.1-20-07, sexual assault; 12.1-20-12.3, sexual extortion;
				12.1-21-01, arson; 12.1-22-01, robbery; if a class A or B felony under
				subsection 2 of that section; 12.1-22-02, burglary, if a class B felony under
				subdivision b of subsection 2 of that section; 12.1-29-01, promoting
				prostitution; 12.1-29-02, facilitating prostitution; 12.1-31-05, child
				procurement; 12.1-31-07, endangering an eligible adult - penalty; 12.1-31-07.1,
				exploitation of an eligible adult - penalty; 14-09-22, abuse of child; or
				14-09-22.1, neglect of child;
b. An
				offense under the laws of another jurisdiction which requires proof of
				substantially similar elements as required for conviction under any of the
				offenses identified in subdivision a; or
c. An offense, other than an offense
				identified in subdivision a or b, if the department determines the individual
				has not been sufficiently rehabilitated.
(1)
				The department may not consider a claim that the individual has been
				sufficiently rehabilitated until any term of probation, parole, or other form
				of community corrections or imprisonment for all other criminal convictions has
				elapsed.
(2) An offender's
				completion of a period of five years after final discharge or release from any
				term of probation, parole, or other form of community corrections or
				imprisonment, without subsequent conviction, is prima facie evidence of
				sufficient rehabilitation.