reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-22 - Child-placing agency closure

Current through Supplement No. 393, July, 2024
The child-placing agency shall have a policy and procedure in
				  the event a child-placing agency closes. Prior to closing, the administrator
				  shall provide at least a sixty-day written notice to the department,
				  including:
1. A detailed plan for
				closure, specifying:
a. Date of closure;
				and
b. Plan to notify each
				custodian, parent or guardian, foster care provider, adoptive family, and
				employee, no less than forty-five days prior to closure.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-23 - Adoption Referral source

Current through Supplement No. 393, July, 2024
A child-placing agency shall work in conjunction with a
				  referral source, which may include a birth parent or a public agency case
				  manager. A child-placing agency may:
1. Distribute information regarding adoption
				services provided for a child, the child's birth parent, and prospective
				adoptive parents;
2. Provide a list
				of required information needed from a referral source
3. Request an invite to meetings regarding
				the child, if applicable; and
4.
				Obtain necessary authorization for permission to recruit a prospective adoptive
				family for the child.
General Authority:
NDCC 50-12-05
Law Implemented:
NDCC
					 50-12-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-24 - Adoption - Services to birth parents

Current through Supplement No. 393, July, 2024
1.
				The child-placing agency shall:
a. Inform a
				birth parent of the birth parent's rights, obligations, and responsibilities
				under state law, or as specified by court order;
b. Inform a birth parent of the continuum of
				openness in adoption and the options available to the birth parent and the
				child for future contact as allowed by state law;
c. Assist the birth parent in making a
				decision and understanding the finality of relinquishment of parental
				rights;
d. Assist the birth parent
				to legally terminate the birth parent's parental rights provided this is the
				decision of the parent and the parent has the legal authority to relinquish his
				or her rights or make an adoption plan;
e. Solicit the preference of the birth parent
				for the religious faith in which their child may be reared;
f. Include the birth parent, and other
				significant individuals including the child when appropriate, in the
				development of the case plan;
g.
				Obtain, if assuming custody of a child for voluntary placement purposes:
(1) Written authority from the parent or
				parents to place the child; and
(2)
				Written authority from the parent or parents to provide medical services for
				the child;
h. Make
				reasonable efforts to involve the birth parents in planning for the adoptive
				placement of the child. Reasonable efforts as identified by this section means
				effort with respect to any action made, attempted or taken by the child-placing
				agency is intended to be timely, documented, and consistent with the best
				interests of the child; and
i.
				Offer supportive and referral services to the birth parents.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-25 - Adoption - Services to the child

Current through Supplement No. 393, July, 2024
1. The
				child-placing agency shall make every effort to place siblings together in an
				adoptive home. If it is not possible to place siblings together, the
				child-placing agency shall add written documentation in the child's file
				identifying the reasons the siblings could not be placed together and the plans
				formulated to keep the siblings in contact with one another after the
				adoption.
2. The child-placing
				agency shall create and provide a life book to the child, and shall give the
				child an opportunity to explore the child's birth history in preparation for
				the child's adoptive placement.
3.
				When appropriate to the child's developmental needs, the child-placing agency
				shall provide preplacement counseling to the child to assist the child in
				adjusting to adoption.
4. The
				child-placing agency shall begin recruitment efforts immediately and on an
				ongoing basis as directed by the referral for a child without an identified
				family. Diligent recruitment may include listing the child with local,
				regional, and national recruitment resources.
General Authority:
NDCC 50-12-05
Law Implemented:
NDCC
					 50-12-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-26 - Private adoptions - Selection of adoptive placement

Current through Supplement No. 393, July, 2024
The child-placing agency shall select prospective adoptive
				  parents who have the capacity to assist in the achievement of the permanency
				  goal. For all private adoptions, the child-placing agency shall:
1. Make efforts to involve the birth parents
				in the selection of the prospective adoptive parents.
2. If appropriate, make a legal risk adoptive
				placement, prior to the termination of parental rights, into the home of a
				prospective adoptive parent of that child, provided that:
a. The prospective family home has been fully
				studied and recommended for adoption placement; and
b. The prospective adoptive parents sign a
				document acknowledging that they understand the risk of the birth parent
				reclaiming the child and that the prospective adoptive parents will return the
				child to the child-placing agency upon the child-placing agency's
				request.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-28 - Adoption - Preplacement preparation services

Current through Supplement No. 393, July, 2024
1. A child-placing agency may not place a
				child into an adoptive home without a full adoption assessment being completed
				on the prospective adoptive parents, including required fingerprint-based
				criminal background check and child abuse and neglect index check.
2. The child-placing agency may not place a
				child into an adoptive home if:
a. There is a
				prior finding of deprivation related to any child in the prospective adoptive
				home within the last five years;
b.
				There has been a dissolution of a previous adoption within the last five
				years;
c. There has been a
				disruption of a formal adoptive placement within the last five years, unless
				further assessment by the child-placing agency in consultation with the
				department determines such placement to be in the best interest of the child;
				or
d. The custodial agency
				reasonably believes the adoption is not in the best interest of the
				child.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-29 - Adoption Placement

Current through Supplement No. 393, July, 2024
1. The
				child-placing agency shall adopt written policies for the placement of a child
				legally free for adoption. The policies must detail:
a. Placement contract procedures as specified
				in North Dakota Century Code section 50-12-06;
b. Collaboration with the custodial case
				manager or birth parents to review the prospective adoptive parents;
c. Placement into an adoptive home as soon as
				possible after the child is legally free for adoption;
d. Placement of an Indian child according to
				the Indian Child Welfare Act and North Dakota Century Code chapter
				27-19.1;
e. Placement in the best
				interests of the child;
f.
				Placement with identified relatives if it is in the best interests of the
				child; in the event a relative search is completed by the child-placing agency,
				diligent search efforts must be documented;
g. Placement of siblings together, and if
				this is not possible, a plan to keep separated siblings connected after
				adoption;
h. Placement to meet each
				child's needs;
i. Prohibition of
				placement of a child based solely on the race, or national origin of the
				adoptive parents or the child, unless the Indian Child Welfare Act or North
				Dakota Century Code chapter 27-19.1 applies;
j. Continuation of services to assist the
				child and family;
k. Providing
				relevant child specific documents to the child's adoptive parents;
				and
l. Adoption-related policies
				required by the department.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-30 - Adoption - Post-placement and post-finalization

Current through Supplement No. 393, July, 2024
1. Post-adoptive placement, until adoption
				finalization. The child-placing agency shall have policy and procedure
				detailing:
a. Supportive services offered and
				available for the child and adoptive family following adoptive
				placement;
b. Monthly visitation
				with the adoptive parents and other members of the adoptive family, as
				applicable;
c. Monthly face-to-face
				visits with the child primarily in the child's residence; and
d. Assistance provided to the adoptive family
				in completing the legal adoption of the child
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-32 - Adoption - Case plan

Current through Supplement No. 393, July, 2024
1. The
				child-placing agency shall develop a written case plan for each client. The
				case plan must include a description of specific services to be provided to
				meet the needs of the birth parents, the child, and the prospective adoptive
				parents. The case plan must include goals specifying timelines to achieve
				permanency for the child.
2. The
				child-placing agency shall review the case plan annually.
3. The case plan must be signed and dated by
				the case manager and other relevant parties as determined
				appropriate.
4. For a child in the
				custody of a tribe or a human service zone, the case plan must be directed by
				the custodial agency, the child, if appropriate, and with input from members of
				the child and family team.
5. For a
				child in the custody of the child-placing agency, the child-placing agency may
				direct the case plan.
6. For a
				child in the custody of a birth or adoptive parent, the legal custodial parent
				may direct the case plan.
General Authority:
NDCC 50-12-05
Law Implemented:
NDCC
					 50-12-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-33 - Adoption - Case records

Current through Supplement No. 393, July, 2024
1. The
				child-placing agency shall maintain a case record on each client served. The
				child-placing agency shall maintain a master list detailing all case records
				managed by the child-placing agency. The child-placing agency shall adopt a
				policy regarding the retention of the permanent adoption record.
2. The child's case records must include the
				following:
a. The child's full name, date of
				birth, and other identifying information;
b. The child's referral
				information;
c. The child's birth
				record;
d. Application documents,
				including a photo of the child, if recruitment is needed;
e. Record of the child's placement history
				with names of caregivers and dates of placement;
f. Child-placing agency assessments and
				supporting documentation;
g.
				Medical records with significant family health history for the child and the
				child's birth parent;
h. Signed
				statements authorizing necessary medical or surgical treatment for the child;
i. Legal documents;
j. Child-placing agency agreements or
				contracts;
k. Reports from schools,
				specialists, and other agencies;
l.
				A case plan; and
m. All relevant
				correspondence regarding the child's treatment, visits, and contacts with other
				persons concerning services provided to the child.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-34 - Adoption - Placement disruption

Current through Supplement No. 393, July, 2024
The child-placing agency shall:
1. Report immediately to the department any
				adoption placement disruptions;
2.
				Provide services to assist the child with managing the loss after a placement
				disruption;
3. Assess the needs of
				the child when considering replacement options;
4. Provide services to assist the adoptive
				parents in managing the loss after a placement disruption; and
5. Assess the needs of the adoptive family
				with whom the child was placed at the time of the disruption prior to
				considering any future adoptive placement.
General Authority:
NDCC 50-12-05
Law Implemented:
NDCC
					 50-12-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-35 - Foster care - Programs and services

Current through Supplement No. 393, July, 2024
1. The
				child-placing agency shall adopt a written program description, which includes
				the following:
a. A description of the
				services provided by the child-placing agency, clearly stating which services
				are provided directly by the child-placing agency and which services are to be
				provided in collaboration with a human service zone, the division of juvenile
				services, tribal entities, community resources such as schools, and other
				appropriate agencies;
b. A
				description of how the child-placing agency engages in wraparound philosophies,
				and how collaboration efforts occur;
c. A description of how the child-placing
				agency participates in preparing a child in foster care to transition to
				adulthood, if applicable;
d.
				Characteristics and eligibility requirements of a child served by the
				child-placing agency may not exceed the requirements for children working with
				a human service zone, tribe, division of juvenile services, or the
				department;
e. A list of
				information that is required to be submitted with the referral;
f. Foster care providers must be licensed in
				accordance with North Dakota Century Code chapter 50-11 and
				chapter
				75-03-14; and
g. Acknowledgment that final decisions
				regarding a child referred to the child-placing agency rest with the custodian
				pursuant to the authority and responsibility conferred on the custodian under
				North Dakota Century Code chapter 27-20.3.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-36 - Foster care - Program files

Current through Supplement No. 393, July, 2024
1. The
				child-placing agency shall maintain a file for each child. This file must
				include:
a. The child's full name, date of
				birth, and other identifying information;
b. The name and contact information of a
				custodian, parent, or guardian, and other pertinent individuals;
c. Signed care agreement or contract
				establishing the child-placing agency's authority to accept and place the
				child;
d. An explanation of custody
				and legal responsibility for consent to any medical or surgical care;
e. An explanation of responsibility for
				payment for care and services;
f. A
				current case plan;
g. A copy of the
				appropriate interstate compact forms, if applicable;
h. Progress reports that are developed by the
				child-placing agency and provided at least quarterly to the child's custodian,
				parent, or guardian;
i. Medical
				records, including annual health tracks screenings, immunization records, and
				evidence of appropriate medical followthrough; and
j. School records, including individual
				education plans, if applicable
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-37 - Foster care - Case plan

Current through Supplement No. 393, July, 2024
The child-placing agency shall adopt a written policy that
				  ensures the child-placing agency will develop a case plan for each child and
				  family. The policy must detail:
1. The
				development of a case plan, within thirty days of placement, in conjunction
				with the child and family team;
2.
				Documentation of participation in child and family team meetings on a quarterly
				basis;
3. Documentation of services
				provided by other agencies working with the child inclusive of behavioral and
				physical health needs;
4.
				Documentation of the child's special needs, if applicable;
5. Documentation of reasonable efforts to
				gather relevant case planning information from the custodian, parents, foster
				care providers, courts, schools, and other appropriate individuals or
				agencies;
6. Completion of a
				strengths and needs assessment of the child, biological family, and foster care
				provider;
7. Identification of
				measurable goals, including time frames for completion;
8. Identification of the measures that will
				be taken or tasks that will be performed to assist the child and family with
				meeting the goals;
9.
				Identification of the individual or entity responsible for providing the
				service or completing the task;
10.
				A discharge plan, including a projected discharge date with special attention
				to discharge planning efforts for a child who is aging out of foster care;
				and
11. Documented evidence of
				individualized treatment progress in a child's case plan reviewed at least
				quarterly, or more often if necessary.
General Authority:
NDCC 50-11-03,
					 50-12-05
Law Implemented:
NDCC 50-11-03,
					 50-12-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-38 - Foster care - Family foster care provider

Current through Supplement No. 393, July, 2024
The child-placing agency shall adopt a written policy that
				  describes how the child-placing agency will:
1. Recruit foster care providers and evaluate
				the homes' suitability to meet the individual and specialized needs of children
				in foster care, including identifying providers who support cultural diversity
				and inclusion;
2. License foster
				care providers according to North Dakota Century Code chapter 50-11 and North
				Dakota Administrative Code
				chapter
				75-03-14;
3. Place children in foster care in licensed
				foster care provider homes;
4. Make
				available, and ensure foster care providers complete orientation and required
				training;
5. Provide ongoing
				supervision to ensure foster care providers have the training necessary to
				provide quality care; and
6. Ensure
				foster care providers have the necessary support from the child-placing agency
				and custodial agency.
General Authority:
NDCC 50-11-03,
					 50-12-05
Law Implemented:
NDCC 50-11-03, 50-11-04,
					 50-12-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-39 - Foster care - Placements

Current through Supplement No. 393, July, 2024
The child-placing agency shall create and maintain written
				  policy outlining how the child-placing agency will evaluate placement
				  decisions. The evaluation must consider initial and ongoing assessment of the
				  appropriateness of the placement. The evaluation must include:
1. The identification of the appropriate
				foster care provider to meet the child's needs;
2. The child's view of the
				placement;
3. The foster care
				provider's commitment to the child's best interests;
4. The foster care provider's ability and
				willingness to accept and support the biological family; and
5. Evidence that the placement supports
				maintaining family and sibling connections, visitation, educational, religious,
				spiritual, and cultural needs.
General Authority:
NDCC 50-11-03,
					 50-12-05
Law Implemented:
NDCC 50-11-03,
					 50-12-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-42 - Variance

Current through Supplement No. 393, July, 2024
Upon written application and good cause shown to the
				  satisfaction of the department, the department may grant a variance regarding a
				  specific provision of this chapter upon such terms as the department may
				  prescribe, except no variance may permit or authorize a danger to the health or
				  safety of any child provided care by the child-placing agency and no variance
				  may be granted except at the discretion of the department. A child-placing
				  agency shall submit a written request to the department justifying the
				  variance. A refusal to grant a variance is not subject to appeal.
General Authority:
NDCC 50-11-03, 50-12-02,
					 50-12-05
Law Implemented:
NDCC 50-11-03, 50-12-02,
					 50-12-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-37 - Transition-Aged Youth at Risk › Section 75-03-37-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Department" means the department of human services.
2. "Independent living skills" includes self-advocacy; the
				  sufficiency to economically meet one's daily needs and to have a safe and
				  stable place to live; ability to attain academic, vocational, or educational
				  goals; the ability to develop a sense of connectedness; ability to avoid
				  illegal or high-risk behaviors; and an understanding of how to access physical
				  and mental health services.
3. "Individualized assessment" means the process that each
				  service provider uses to determine the needs and appropriate services to
				  transition-aged youth at risk.
4. "In-home supports" means supports provided to a youth, the
				  youth's family, or both, in the home environment, including mentoring,
				  individual and family training, and respite care.
5. "Single plan of care" means a plan of care that identifies
				  and documents needs, tasks, goals, and the safety plan of the family which is
				  developed by the children and family team based on the family's unique
				  strengths, values, and needs.
6. "Transition-aged youth at risk" means children and young
				  adults who are at risk due to deprivation or other activities resulting in
				  youth being involved with the foster care or juvenile justice system, serious
				  mental illness or serious disabilities that do not qualify the youth for
				  developmental disabilities case management, or suicidal tendencies.
7. "Vocational rehabilitation" means an employment-focused
				  program that helps eligible individuals with physical or mental impairments
				  improve their employment opportunities by assisting individuals with
				  disabilities to achieve competitive employment and increased independence.
8. "Wraparound" means a strength-based philosophy of care
				  that includes a definable process involving the child and family that results
				  in a unique set of community services and supports individualized for that
				  child and family.
General Authority: NDCC
					 50-06-34
Law Implemented: NDCC
					 50-06-34
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-37 - Transition-Aged Youth at Risk › Section 75-03-37-02 - Transition-aged youth-at-risk program - Eligibility Services

Current through Supplement No. 393, July, 2024
1. The executive director of the department
				shall designate an individual from within the department to oversee the program
				for transition-aged youth at risk. Transition-aged youth at risk ages fourteen
				through twenty-four are eligible for participation in the program.
2. Services to an individual youth must be
				appropriate to that youth and do not need to include all services of the
				transition-aged youth-at-risk program. The department shall provide the
				services. Services available under the transition-aged youth-at-risk program
				include:
a. An individualized assessment for
				transition-aged youth at risk;
b.
				Development of a single plan of care to coordinate services among available
				service systems, emphasizing existing case management resources;
c. Assistance in developing independent
				living skills;
d. Services for
				transitioning students from high school to employment or postsecondary
				education;
e. In-home support,
				including mentors, individual and family training, and access to respite care;
f. Development of a statewide
				independent living skills curriculum for youth and families;
g. Substance abuse assessment and treatment;
h. Psychological and psychiatric
				evaluation and treatment;
i.
				Individual, group, and family therapy services;
j. Case aide services; and
k. Crisis residential services.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-37 - Transition-Aged Youth at Risk › Section 75-03-37-03 - Transition-aged youth-at-risk program - Statewide interagency advisory council - Regional subcommittees

Current through Supplement No. 393, July, 2024
1. The
				statewide interagency advisory council consists of representatives of the
				various system partners, such as education, juvenile justice, child welfare,
				tribes, case management, vocational rehabilitation, legislative assembly,
				parents, and youth. Members are selected based on their knowledge,
				understanding, and interest in the needs of transition-aged youth. The advisory
				council shall advise the department concerning program and policy issues,
				delivery of services, and methods for reaching potential consumers.
a. Department staff providing oversight for
				the program will develop and facilitate the advisory council.
b. The statewide interagency advisory council
				shall meet on a regular basis as determined by the council.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-39 - Autism Services Waiver › Section 75-03-39-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Department" means the department of
				health and human services.
2.
				"Division" means the medical services division of the department.
3. "Qualified professional" means a primary
				care provider or licensed medical care provider qualified to diagnose autism
				spectrum disorder.
General Authority:
NDCC 50-06-16,
					 50-24.1-04
Law Implemented:
NDCC
					 50-24.1-26
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-39 - Autism Services Waiver › Section 75-03-39-02 - Eligibility for services under the Medicaid autism spectrum disorder birth through fifteen seventeen waiver

Current through Supplement No. 393, July, 2024
1. A child
				is eligible for autism services under the department's Medicaid autism spectrum
				disorder birth through seventeen waiver if the following conditions are met:
a. The age of the child is birth through
				seventeen years of age;
b. The
				child has an autism spectrum disorder diagnosis from a qualified professional
				able to determine diagnosis;
c. An
				autism spectrum disorder waiver slot is available; and
d. The child meets the institutional level of
				care required by the centers for Medicare and Medicaid services.
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 75-03-40-02 - Effect of license

Current through Supplement No. 393, July, 2024
1. A facility
				license shall state the effective date. A license is effective for a maximum
				period of two years. A facility license is nontransferable and is valid only on
				the premises and for the number of residents indicated on the
				license.
2. For a licensed facility
				that changes its ownership or for a provisionally licensed facility upon
				issuance of an unrestricted license:
a. The
				initial period of licensure is one year; and
b. The licensing period thereafter may be
				renewed for a two-year period if the facility successfully remains in
				compliance with all licensing rules and requirements.
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 75-03-40-03 - Application for license

Current through Supplement No. 393, July, 2024
1. Applicants must
				be accredited and in good standing with one of the department-approved national
				accreditation bodies.
2. A person
				may not apply for a license to operate a facility under this chapter until the
				department has reviewed the need for the additional residential placement
				resources. To enable the department to make a determination of need for a new
				qualified residential treatment program facility, the potential applicant shall
				submit an initial request for application, including the following
				documentation and information to the department:
a. A detailed plan for the operation of the
				proposed qualified residential treatment program which includes:
(1) The number, sex, and age range of the
				residents to be served;
(2) The
				needs or disabilities of residents to be served;
(3) The employee staffing, including a list
				of full-time and part-time positions by job titles and description;
(4) A description of the proposed program and
				treatment goals;
(5) A proposed
				budget; and
(6) The location of the
				facility and a drawing of the layout of the physical plant.
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 75-03-40-04 - Correction orders

Current through Supplement No. 393, July, 2024
1. The following
				time periods are allowed for correction of violations of North Dakota Century
				Code chapter 50-11 or this chapter:
a. For a
				violation that requires an inspection by a state fire marshal or local fire
				department, five days;
b. For a
				violation that requires substantial remodeling, construction, or change to a
				building, sixty days; and
c. For
				all other violations, twenty days.
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 75-03-40-05 - Fiscal sanctions

Current through Supplement No. 393, July, 2024
1. The department
				may assess a fiscal sanction of twenty-five dollars per day for each day the
				facility remains out of compliance with a correction order.
2. The issuance of a fiscal sanction does not
				preclude the department's pursuit of other actions, including provisional
				licensure, injunction, and license revocation.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-02, 50-11-04.4,
					 50-11-04.5
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 75-03-40-06 - Provisional license

Current through Supplement No. 393, July, 2024
1. A provisional
				license must state:
a. The facility has
				failed to comply with applicable standards and regulations of the
				department;
b. The areas of
				noncompliance noted by the department in a written document; and
c. An expiration date not to exceed one year
				from the date of issuance.
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 75-03-40-07 - Denial or revocation

Current through Supplement No. 393, July, 2024
1. A facility
				license may be denied or revoked under the terms and conditions of North Dakota
				Century Code chapter 50-11 or if the applicant or facility has violated any
				provision of North Dakota Century Code chapter 50-11 or fails to meet the
				minimum requirements of this chapter.
2. If the department decides to revoke a
				license, the department shall notify the facility in writing of its decision
				and the reasons for revocation. Upon receipt of notification arrangements shall
				be made by the facility in cooperation with each resident's custodian and
				parent or guardian for alternative placement.
3. A facility whose application for licensure
				has been revoked or denied may appeal to the department under the provisions of
				North Dakota Century Code sections 50-11-08 and 50-11-09. During an appeal, the
				facility may not have residents.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-02, 50-11-07,
					 50-11-08, 50-11-09
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 75-03-40-08 - Residential bed capacity

Current through Supplement No. 393, July, 2024
1. A
				facility may not receive a licensing amendment to increase or decrease facility
				bed capacity without approval of the department.
2. To qualify for an increase or decrease, a
				facility shall:
a. Submit a written
				request;
b. Provide a rationale for
				bed capacity change; and
c. Be in
				compliance with North Dakota Century Code chapter 50-11 and this
				chapter.
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 75-03-40-09 - Facility closure

Current through Supplement No. 393, July, 2024
The facility shall have a policy to ensure proper and
				  efficient procedure in the event a facility would close. Prior to closing, the
				  facility administrator shall provide at least a sixty-day written notice to the
				  department:
1. Detailing a plan for
				closure, including:
a. Date of
				closure;
b. Plan to notify each
				custodian and parent or guardian;
c. Identification of a North Dakota
				depository to maintain the facility's case, fiscal, employee, and nonemployee
				records; and
d. Retention of all
				fiscal records for a period of six years following account
				settlement.
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 75-03-40-10 - Governance

Current through Supplement No. 393, July, 2024
1. Each facility
				shall have a governing body responsible for the operation, policies,
				activities, practice, and overall operations of the facility. The governing
				body shall:
a. Be composed of at least five
				members. A list of the names and contact information of members of the
				governing body must be maintained and submitted to the department annually.
				Each board member annually shall disclose conflicts of interest. Members of the
				board may not be family or have conflicts of interest with the facility
				administrator or employees with budget or accounting duties;
b. Meet at least every six months;
c. Maintain records of the governing body's
				meetings;
d. Develop and review
				policies for member selection and rotation;
e. Ensure each member understands the
				facility operation and program goals;
f. Ensure the facility is funded, housed,
				staffed, and equipped in a manner required for the provision of
				services;
g. Provide the most
				recent fiscal year-end financial records to the department for payment
				purposes, upon request;
h. Ensure
				the facility has an active strategic plan with a schedule to review
				annually;
i. Employ a qualified
				facility administrator and delegate responsibility to that facility
				administrator for the administration of the facility;
j. Evaluate the performance of the facility
				administrator at least annually;
k.
				Adopt a written statement of the purpose and philosophy of the facility;
				and
l. Adopt written policies for
				the facility regarding administration, personnel, buildings, grounds, and
				program services. Personnel policies for the recruitment and retention of
				employees necessary to operate the facility must indicate expectations of
				personnel, detail job descriptions for each position, and ensure a process to
				review policies and procedures with employee participation at least every three
				years.
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 75-03-40-11 - Disaster plan

Current through Supplement No. 393, July, 2024
A facility shall have a written disaster plan to accommodate
				  emergencies. The disaster plan must allow the department or custodial agency to
				  identify, locate, and ensure continuity of services to residents who are
				  displaced or adversely affected by a disaster. The disaster plan must address
				  how to accommodate accessibility needs for all residents and personnel. The
				  facility shall ensure the disaster plan specifies:
1. Where personnel and residents would go in
				an evacuation, including one location in the nearby area and one location out
				of the area;
2. Contact information
				inclusive of phone numbers and electronic mail addresses for facility
				administration;
3. A list of items
				the facility will take if evacuated, including any demographic and emergency
				contact information for each resident and medication and medical equipment to
				meet the needs of residents;
4. The
				process the facility will use to inform the department and each resident's
				custodian and parent or guardian if the resident is displaced or adversely
				affected by a disaster;
5. Employee
				training on the disaster plan must detail procedures for meeting disaster
				emergencies. The review of the disaster plan must occur with employees on an
				annual basis to ensure it is current, accurate, and employees understand their
				role. The facility shall document the annual review and provide the
				documentation to the department upon request;
6. Resident training on the disaster plan
				ensuring awareness of all emergency and evacuation procedures upon admission to
				the facility. These procedures must be reviewed upon intake into the facility
				and every quarter. Resident training must include the performance and
				documentation of fire evacuation drills;
7. The facility has telephones centrally
				located and readily available for use in each living unit of the facility.
				Emergency numbers must be written and posted by each telephone;
8. There must be at least two independent
				exits from every floor. The exits must be located so that residents can exit
				from each floor in two separate directions, without going through a furnace
				room, storage room, or other hazardous area; and
9. Flashlights must be available for
				emergency purposes.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-03
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 75-03-40-12 - Quality assessment and performance improvement

Current through Supplement No. 393, July, 2024
A facility shall have a performance and quality improvement
				  plan that advances efficient, effective service delivery, effective management
				  practices, and the achievement of strategic and treatment program goals and
				  outcomes.
1. A facility shall have a
				written performance and quality improvement plan that operationalizes the
				organization's performance and quality improvement system and:
a. Defines the organization's approach to
				quality improvement;
b. Defines
				employee roles and responsibility for implementing and coordinating the
				performance and quality improvement plan;
c. Identifies what is being
				measured;
d. Defines data
				collection processes and applicable time frames;
e. Outlines processes for reporting findings
				and monitoring results; and
f.
				Provides a document or chart that describes the organization's performance and
				quality improvement plan, including committees and members, as
				appropriate.
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 75-03-40-13 - Personnel files

Current through Supplement No. 393, July, 2024
1. The facility
				shall maintain an individual file on each employee. The file must include:
a. File inventory detailing first and last
				date of employment, reason employment ended, training totals per year, and
				performance evaluation dates;
b.
				The application for employment including a record of previous
				employment;
c. A job description
				specifying the employee's roles and responsibilities;
d. A statement signed by the employee
				acknowledging the confidentiality policy;
e. Documentation of information obtained from
				an employee's references if previously employed at another residential
				facility;
f. Annual performance
				evaluations;
g. Professional
				development and training records consisting of the name of presenter, date of
				presentation, topic of presentation, and length of presentation. The following
				training must be completed and required training certificates placed in the
				employee file:
(1) First-aid
				training;
(2) Cardiopulmonary
				resuscitation and automated external defibrillator; and
(3) Nonviolent crisis intervention;
h. Evidence of the employee having
				read and received a copy of the law and facility procedures requiring the
				reporting of suspected child abuse and neglect, North Dakota Century Code
				chapter 50-25.1, initially upon hire and annually thereafter;
i. Results of fingerprint-based criminal
				background checks, motor vehicle operator's license record, as applicable, and
				child abuse or neglect record;
j.
				Any other evaluation or background check deemed necessary by the facility
				administrator of the facility;
k.
				Verification of any required license or qualification for the position or tasks
				assigned to the employee; and
l. A
				copy of a valid driver's license, if applicable.
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 75-03-40-14 - Facility administrator

Current through Supplement No. 393, July, 2024
The governing body of the facility shall designate a facility
				  administrator for the facility.
1. The
				governing body of the facility shall clearly define, in writing, the
				responsibilities of the facility administrator. If the facility is licensed for
				ten or more residents, the facility shall employ a full-time onsite facility
				administrator. A facility may not employ a facility administrator less than
				half-time.
2. The facility
				administrator must have a bachelor's degree in business or public
				administration, social work, behavioral science, or a human services field and
				have four years of related work experience in administration.
3. The facility administrator shall assure
				adequate supervision is provided to all personnel working or placed in the
				facility.
4. The facility
				administrator shall designate and provide evidence of the designation in the
				employee's file, at least one employee authorized to apply the reasonable and
				prudent parent standard. The designated employee shall receive training on how
				to use and apply the reasonable and prudent parent standard.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02
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 75-03-40-15 - Clinical director

Current through Supplement No. 393, July, 2024
1. The facility
				shall clearly define, in writing, the responsibilities of the clinical
				director. The duties of the clinical director must be devoted to the provision
				of clinical services.
2. The
				clinical director must have a master's degree in a behavioral science field and
				must be licensed as required by the field of practice, with three years of work
				experience in a clinical setting, have experience working with children in need
				of treatment, and provide evidence of supervisory knowledge and
				skills.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02
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 75-03-40-16 - Treatment coordinator

Current through Supplement No. 393, July, 2024
1. The facility
				clearly shall define, in writing, the responsibilities of the treatment
				coordinator employees, including communicating with the resident's custodian,
				parent, or guardian throughout the week while placed in the facility, to update
				the resident's custodian, parent, or guardian on the resident's day and
				treatment progress. The duties of a treatment coordinator employee must be
				devoted to the coordination of treatment services and overall case management
				of treatment planning for residents. A treatment coordinator employee must have
				achieved the competencies necessary to implement an individualized care plan
				for each resident.
2. The treatment
				coordinator employee must have a bachelor's degree in a behavioral science
				field and must be licensed as required by the field of practice, and two years
				previous paid or unpaid work experience with children or families or be an
				individual otherwise qualified.
3.
				A facility shall have sufficient treatment coordinator employees employed to
				meet minimum employee-to-resident ratios required by this chapter.
4. A treatment coordinator employee may be
				responsible for the supervision of other personnel and must be allowed
				reasonable time to perform supervision tasks.
5. The professional development and training
				records must document the treatment coordinator employee has had appropriate
				training to coordinate treatment services and trauma informed care.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02