reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-28 - Child abuse and neglect decisions

Current through Supplement No. 393, July, 2024
1. A
				provider shall ensure safe care for the children receiving services in the
				provider's family child care. If a confirmed decision made under North Dakota
				Century Code chapter 50-25.1 or a similar finding in another jurisdiction which
				requires proof of substantially similar elements exists, indicating that a
				child has been abused or neglected by an applicant, provider, emergency
				designee, staff member, or household member, that decision has a direct bearing
				on the applicant's or provider's ability to serve the public in a capacity
				involving the provision of child care, and the application or license may be
				denied or revoked. If a confirmed determination under North Dakota Century Code
				chapter 50-25.1 or a similar finding in another jurisdiction which requires
				proof of substantially similar elements exists, indicating that any child has
				been abused or neglected by the applicant, provider, emergency designee, staff
				member, or household member, the applicant or provider shall furnish
				information satisfactory to the department, from which the department can
				determine the applicant's, provider's, or staff member's ability to provide
				care that is free of abuse and neglect. The department shall furnish the
				determination of current ability to the applicant or provider.
2. Each applicant, provider, emergency
				designee, and staff member in the family child care shall complete, and the
				provider shall submit to the department, a department-approved authorization
				for background check form no later than the first day of employment.
3. Household members age twelve and older
				shall complete, and the provider shall submit to the department, a
				department-approved authorization for background check form at the time of
				application, relicensure, or upon obtaining residence at the location of the
				family child care.
General Authority:
NDCC 50-11.1-04,
					 50-11.1-08
Law Implemented:
NDCC 50-11.1-01, 50-11.1-04,
					 50-11.1-07, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-29 - Correction of violations

Current through Supplement No. 393, July, 2024
1. A
				provider shall correct violations noted in a correction order within the
				following times:
a. For a violation of
				subsection 8 of North Dakota Century Code section 50-11.1-02, North Dakota
				Century Code section 50-11.1-02.2, section
				75-03-08-04, subsection 4 or 11 of
				section 75-03-08-08.1, section
				75-03-08-09, subsection 2 or 9 of
				section 75-03-08-14, section
				75-03-08-23, or subsection 1 of
				section 75-03-08-24, within twenty-four
				hours.
b. For a violation that
				requires an inspection by a state fire marshal or local fire department
				authority pursuant to section
				75-03-08-14, within sixty
				days.
c. For a violation that
				requires substantial building remodeling, construction, or change, within sixty
				days.
d. For all other violations,
				within twenty days.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-30 - Fiscal sanctions

Current through Supplement No. 393, July, 2024
1. The department
				shall assess a fiscal sanction of twenty-five dollars per day for each
				violation of North Dakota Century Code chapter 50-11.1; section
				75-03-08-09; subsection 1, 2, or 9
				of section
				75-03-08-14; or section
				75-03-08-23,
				75-03-08-27, or
				75-03-08-28 for each day that the
				provider has not verified correction, after the allowable time for correction
				of violations ends.
2. The
				department shall assess a fiscal sanction of fifteen dollars per day for each
				violation of subsection 8 or 10 of section
				75-03-08-14, or subsection 13 of
				section 75-03-08-21.1 for each day that
				the provider has not verified correction, after the allowable time for
				correction of violations ends.
3.
				The department shall assess a fiscal sanction of five dollars per day for each
				violation of any other provision of this chapter for each day that the provider
				has not verified correction, after the allowable time for correction of
				violations ends.
General Authority:
NDCC
					 50-11.1-07.4,
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-01,
					 50-11.1-07.4,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-31 - Appeals

Current through Supplement No. 393, July, 2024
An applicant or provider may appeal a decision to deny or
				  revoke a license. A written appeal must be postmarked or received by the
				  department within ten calendar days of the applicant's or provider's receipt of
				  written notice of the decision to deny or revoke the license. Upon receipt of a
				  timely appeal, an administrative hearing will be conducted in the manner
				  prescribed by chapter 75-01-03.
General Authority:
NDCC
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-08,
					 50-11.1-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-03 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meanings as in
				  North Dakota Century Code section 50-11.1-02. In addition, as used in this
				  chapter, unless the context or subject matter otherwise requires:
1. "Annual" is defined as the provider's
				licensing year.
2. "Application"
				means all forms the department requires when applying or reapplying for a
				license.
3. "Aquatic activity"
				means an activity in or on a body of water, either natural or manmade,
				including rivers, lakes, streams, swimming pools, and water slides.
4. "Attendance" means the total number of
				children present at any one time at the group child care.
5. "Child with special needs" means a child
				whose medical providers have determined that the child has or is at risk for
				chronic physical, developmental, behavioral, or emotional conditions.
6. "Emergency designee" means an individual
				designated by the operator to be a backup caregiver for emergency assistance or
				to provide substitute care.
7.
				"Group child care supervisor" means an individual responsible for overseeing
				the day-to-day operation of a group child care.
8. "Infant" means a child who is less than
				twelve months of age.
9.
				"Medications" means any drug or remedy which is taken internally or orally,
				inhaled, or applied topically.
10.
				"Operator" means the person that has operational responsibility for the early
				childhood program and premises at which the early childhood service
				operates.
11. "Owner" means the
				person that has legal responsibility for the early childhood program and
				premises at which the early childhood service operates.
12. "Provider" means the group child care
				owner or operator.
13. "Substitute
				staff" means paid or unpaid staff who work less than thirty-two hours per month
				and are not regularly scheduled for work.
14. "Volunteer" means an individual who
				visits or provides an unpaid service or visit, including a firefighter for fire
				safety week, a practicum student, or a foster grandparent.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-04 - Effect of licensing and display of license

Current through Supplement No. 393, July, 2024
1. The issuance of a license to operate a
				group child care is evidence of compliance with the standards contained in this
				chapter and North Dakota Century Code chapter 50-11.1 at the time of licensure.
2. The current license must be
				displayed prominently in the premises to which it applies.
3. The license must specify the maximum
				number of children who may be cared for by the group child care. The group
				child care may not admit a greater number of children than the license allows.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-03,
					 50-11.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-05 - Denial or revocation of license

Current through Supplement No. 393, July, 2024
1.
				A license may be denied or revoked under the terms and conditions of North
				Dakota Century Code sections
				50-11.1-04,
				50-11.1-06.2,
				50-11.1-09, and
				50-11.1-10.
2. If an action to revoke a license is
				appealed, the provider may continue the operation of the group child care
				pending the final administrative determination or until the license expires,
				whichever occurs first, unless continued operation would jeopardize the health
				and safety of the children attending the group child care. This subsection does
				not limit the actions the department may take pursuant to North Dakota Century
				Code sections
				50-11.1-07.8 and
				50-11.1-12.
3. The department may revoke a license to
				operate a group child care without first issuing a correction order or
				simultaneously with a suspension if continued operation would jeopardize the
				health and safety of the children present or would violate North Dakota Century
				Code section
				50-11.1-09.
General Authority:
NDCC
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-04,
					 50-11.1-06.2,
					 50-11.1-07,
					 50-11.1-08,
					 50-11.1-09,
					 50-11.1-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-06 - Provisional license

Current through Supplement No. 393, July, 2024
1. The department
				may issue a provisional license for the operation of a group child care
				although the applicant or provider fails to, or is unable to, comply with all
				applicable standards and rules of the department.
2. A provisional license must:
a. State that the provider has failed to
				comply with all applicable standards and rules of the department;
b. State the items of
				noncompliance;
c. Expire at a set
				date, not to exceed six months from the date of issuance; and
d. Be exchanged for an unrestricted license,
				which bears an expiration date of one year from the date of issuance of the
				provisional license, after the applicant or provider demonstrates compliance,
				satisfactory to the department, with all applicable standards and
				rules.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-06.1 - Restricted license

Current through Supplement No. 393, July, 2024
The department may issue a restricted license:
1. To restrict an individual's presence when
				children are in child care;
2. To
				restrict a pet or animal from areas accessible to children; or
3. When necessary to inform the parents that
				the provider is licensed, but is restricted to operating in certain rooms or
				floors of the residence or restricted from using specific outdoor space of the
				residence.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-07 - Application for and nontransferability of group child care license

Current through Supplement No. 393, July, 2024
1. An application for license must be
				submitted to the department. Application must be made in the form and manner
				prescribed by the department.
2. A
				license issued under this chapter is nontransferable and valid only for the
				premises indicated on the license.
3. An application for a new license must be
				filed upon change of provider or location.
4. The department may not issue more than one
				in-home registration, self-declaration, or license per residence. A residence
				means real property that is typically used as a single family
				dwelling.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-03, 50-11.1-04,
					 50-11.1-06.2, 50-11.1-07, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-09 - Staffing requirements

Current through Supplement No. 393, July, 2024
1. The number of
				staff members and their responsibilities must reflect program requirements,
				individual differences in the needs of the children enrolled, and may permit
				flexible groupings, if necessary.
2.
a. A
				provider may provide early childhood services for no more than seven children
				at any one time, which includes no more than three children under twenty-four
				months of age. A provider may also provide early childhood services to two
				additional school-age children; or
b. A provider may elect to staff according to
				the following minimum ratio of staff members responsible for caring for or
				teaching children to children in group child care:
(1) For children younger than eighteen months
				of age, a ratio of .25 in decimal form is assigned;
(2) For children eighteen months of age to
				thirty-six months of age, a ratio of .20 in decimal form is assigned;
(3) For children thirty-six months of age to
				four years of age, a ratio of .14 in decimal form is assigned;
(4) For children four years of age to five
				years of age, a ratio of .10 in decimal form is assigned;
(5) For children five years of age to six
				years of age, a ratio of .08 in decimal form is assigned;
(6) For children six years to twelve years of
				age, a ratio of .05 in decimal form is assigned; and
(7) When there is a mixed-aged group, the
				number of children in each age category is multiplied by the corresponding
				ratio number, converted to decimal form, and carried to the nearest hundredth.
				To determine the number of staff members responsible for caring for or teaching
				children necessary at any given time, numbers of staff members for all age
				categories are added, and any fractional staff member count is then rounded to
				the next highest whole number whenever the fractional staff member count
				amounts to thirty-five hundredths or more. If lower than thirty-five
				hundredths, the fractional amount is dropped. No more than four children under
				the age of eighteen months per staff member are allowed in any mixed-aged
				group.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-10 - Minimum qualifications of group child care supervisor

Current through Supplement No. 393, July, 2024
1. A group child care supervisor must be an
				adult of good physical, cognitive, social, and emotional health and shall use
				mature judgment when making decisions impacting the quality of child
				care.
2. The group child care
				supervisor shall meet at least one of the following qualifications, in addition
				to those set out in subsection 1:
a. A
				bachelor's degree in the field of early childhood education or child
				development;
b. An associate's
				degree with at least one of the following:
(1)
				Eight semester hours or twelve quarter hours of department-approved early
				childhood education or child development;
(2) One hundred twenty hours of
				department-approved early childhood training; or
(3) A director's credential approved by the
				department;
c. Current
				certification as a child development associate or successful completion of a
				department-approved diploma program with emphasis in early childhood or child
				care;
d. Certification from a
				Montessori teacher training program;
e. At least one year of exclusive experience
				as a self-declaration holder or licensed child care provider with positive
				references from at least two parents whose children were in the provider's
				care;
f. A high school degree or
				equivalency with certification of completion in a secondary occupational child
				care program and at least one year of exclusive experience working with young
				children, with references from at least two individuals who either had their
				children in the group child care supervisor's care or instructed the group
				child care supervisor in child care programming; or
g. A minimum of one year of exclusive
				experience providing care to three or more children, with positive references
				from at least two parents whose children were in the group child care
				supervisor's care or a center director or teacher who observed the group child
				care supervisor's care of children first hand.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-11 - Duties of group child care supervisor

Current through Supplement No. 393, July, 2024
The group child care supervisor, in collaboration with the
				  group child care provider, shall:
1.
				Plan, supervise, and conduct daily activities in the group child care;
2. Ensure that staff members and
				children under the age of eighteen shall have adult supervision in the group
				child care at all times;
3.
				Develop and deliver orientation for new staff members and keep a record of the
				items covered during orientation; and
4. Instruct each employee of the group child
				care of the process for reporting a complaint, a suspected licensing violation,
				or a suspected child abuse or neglect incident.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-12 - Minimum qualifications for all staff members responsible for caring for or teaching children

Current through Supplement No. 393, July, 2024
Staff members shall:
1. Be at least fourteen years of age,
				provided that each staff member under age sixteen provides written parental
				consent for employment as a staff member, and the employment arrangements
				comply with North Dakota Century Code chapter 34-07. A member of the immediate
				family of the provider may provide care if the family member is at least twelve
				years of age;
2. Be individuals of
				good physical, cognitive, social, and emotional health and shall use mature
				judgment when making decisions impacting the quality of child care;
3. Receive orientation related to the group
				child care program during the first week of work. The orientation must be
				documented on an orientation certification form and must address the following:
a. Emergency health, fire, and safety
				procedures;
b. The importance of
				handwashing and sanitation procedures to reduce the spread of infection and
				disease among children and staff members;
c. Any special health or nutrition
				instructions of the children assigned to the staff member;
d. Any special needs of the children assigned
				to the staff member;
e. The planned
				program of activities at the group child care;
f. Rules and policies of the group child
				care; and
g. Child abuse and
				neglect reporting laws;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-12.1 - Minimum qualifications of volunteers

Current through Supplement No. 393, July, 2024
If a volunteer is providing child care, the volunteer shall
				  meet the qualifications of a staff member responsible for caring for or
				  teaching children and shall receive orientation for all assigned tasks.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-13 - Minimum health requirements for all applicants, operators, and staff members

Current through Supplement No. 393, July, 2024
1. If the physical,
				cognitive, social, or emotional health capabilities of an applicant or staff
				member appear questionable, the department may require the individual to
				present evidence of the individual's ability to provide the required care based
				on a formal evaluation. The department is not responsible for the costs of any
				required evaluation.
2. A staff
				member or household member may not use or be under the influence of any illegal
				drugs or alcoholic beverages while caring for children.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-07,
					 50-1.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-14 - Minimum requirements for facility

Current through Supplement No. 393, July, 2024
1.
				The provider shall ensure that the group child care is properly lighted. If the
				lighting of the group child care appears questionable, the department may
				require the provider to obtain additional lights.
2. The provider shall ensure that safe and
				comfortable arrangements for naps for enrolled children are provided.
a. The provider may allow a child to sleep or
				rest on the floor only when the floor is carpeted or padded, warm, free from
				drafts, and when each child has an individual blanket or sleeping
				mat.
b. The provider shall ensure
				that there is a room available, separate from the nap room, where an individual
				child can go for supervised play if the child is unable to nap, so as not to
				disrupt the other children's rest.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-15 - Minimum standards for provision of transportation

Current through Supplement No. 393, July, 2024
1. Prior to licensure, the provider shall
				establish a written policy governing the transportation of children to and from
				the group child care, if the group child care provides transportation. This
				policy must specify who is to provide transportation and how parental
				permission is to be obtained for activities which occur outside the group child
				care. If the group child care provides transportation, the provider shall
				inform the parents of any insurance coverage on the vehicles. Any vehicle used
				for transporting children must be in safe operating condition and in compliance
				with state and local laws.
2. When
				transportation is provided by a group child care, children must be protected by
				adequate staff supervision, safety precautions, and liability insurance.
a. Staffing requirements must be maintained
				to assure the safety of children while being transported.
b. A child may not be left unattended in a
				vehicle.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-16 - Minimum emergency evacuation and disaster plan

Current through Supplement No. 393, July, 2024
1. Each provider shall establish and post an
				emergency disaster plan for the safety of the children in care. Written
				disaster plans must be developed in cooperation with local emergency management
				agencies. The plan must include:
a. Emergency
				procedures, including the availability of emergency food, water, and first-aid
				supplies;
b. Procedures for
				evacuation, relocation, shelter-in-place, and lockdown;
c. Communications and reunification with
				families;
d. Continuity of
				operations; and
e. Accommodations
				for infants, toddlers, children with disabilities, and children with chronic
				medical conditions.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-17 - Fire inspections

Current through Supplement No. 393, July, 2024
1. The provider
				shall ensure that initial and annual fire inspections are completed by local or
				state fire authorities for all group child cares in which care is provided. The
				group child care is responsible for any inspection fee. The provider shall have
				any code violations noted by the fire inspector corrected and shall file
				reports of the inspections and any corrections with the department. If the
				fire, safety, health, or sanitation environment appears questionable, the
				department may require the provider to obtain additional inspections at the
				cost of the provider.
2. The
				provider shall provide:
a. The fire
				inspector's written statement of compliance with the local fire code, if there
				is one; or
b. The fire inspector's
				written statement that the group child care has been inspected and that the
				inspector is satisfied that the facility meets minimum fire and safety
				standards.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-19 - Minimum requirements regarding space

Current through Supplement No. 393, July, 2024
Each group child care shall provide adequate indoor and
				  outdoor space for the daily activities of all children within the licensed
				  capacity of the group child care.
1.
				There must be a minimum of thirty-five square feet [3.25 square meters] of
				appropriate indoor space per child in the group child care. Indoor space
				considered must exclude bathrooms, pantries, passageways leading to outdoor
				exits, areas occupied by furniture or appliances that children should not play
				on or under, and space that children are not permitted to occupy.
2. There must be a minimum of seventy-five
				square feet [6.97 square meters] of appropriate outdoor play space per child
				for the group child care. If available outdoor play space does not accommodate
				the licensed capacity of the group child care at one time, the total
				appropriate outdoor play space available must be no less than the number of
				children in the largest class or group of the group child care multiplied by
				seventy-five square feet [6.97 square meters]. Operators who provide
				seventy-five square feet [6.97 square meters] of separate indoor recreation
				space per child for the largest class or group are exempt from the outdoor
				space requirement. The provider shall prepare a written schedule of outdoor or
				separate indoor recreation space playtime which limits the use of the play area
				to its capacity, giving each class or group an opportunity to play
				daily.
General Authority:
NDCC
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-20 - Program requirements

Current through Supplement No. 393, July, 2024
1. The group
				child care provider shall have a program of daily individual or small group
				activities appropriate to the ages and needs of the children in the group child
				care. The program must include activities which foster sound social, cognitive,
				emotional, and physical growth, and the program must be developed with
				consideration of parental input. A written daily routine including mealtimes,
				rest times, planned developmentally appropriate activities, free play, and
				outside time must be available to parents. The daily routine must be flexible
				enough to allow for spontaneous activity as appropriate.
2. The provider shall design the program with
				intervals of stimulation and relaxation, and a balance between periods of
				active play and quiet play or rest. The daily routine must be written, but
				subject to change. The daily routine must foster the development of good health
				habits and self-discipline, adequate indoor and outdoor play, rest, and sleep,
				with sufficient time and opportunities for various experiences.
3. The program must provide a variety of
				educational experiences for all ages of children served with an adequate supply
				of safe play equipment, toys, and materials for indoor and outdoor activity.
				Each group child care must have enough play materials and equipment so that
				each child in attendance may be involved individually or as a group.
4. Areas used for napping must provide an
				opportunity for undisturbed rest. The provider shall set napping schedules for
				children in consultation with their parents, according to the children's ages
				and needs.
5. At the time of
				enrollment, the provider shall meet with the parents to discuss the child's
				habits, activities, and schedules while at home and in school and the parent's
				special concerns about the child's past and future behavior and development.
				The provider shall design the schedule and activities to complement and
				supplement the child's experiences at home or in school.
6. The group child care provider shall
				contact parents to exchange information concerning the child and any concerns
				about the health, development, or behavior of the child. These concerns must be
				communicated to parents promptly and directly.
7. Staff members shall stress personal
				hygiene practices appropriate for a child's age and development.
8. Each child's cultural and ethnic
				background and primary language or dialect must be respected by the staff
				members.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-21 - Minimum standards for food and nutrition

Current through Supplement No. 393, July, 2024
1. When the provider is responsible for
				providing food to children, the food supplied must meet United States
				department of agriculture standards and must be properly prepared, sufficient
				in amount, nutritious, varied according to the diets of the children enrolled,
				and served at appropriate hours. Food that is prepared, served, or stored in
				the group child care must be treated in a safe and sanitary manner with safe
				and sanitary equipment.
2. When
				parents bring sack lunches for their children, the provider shall supplement
				lunches, as necessary, to provide nutritious and sufficient amounts of food for
				children and shall provide adequate and appropriate refrigeration and storage
				as required.
3. Children in care
				for more than three hours shall receive either a snack or meal, whichever is
				appropriate to that time of day.
4. The provider shall serve nutritious meals
				to children in care during any normal mealtime hour.
5. The provider shall serve snacks to
				children in care after school.
6.
				When the provider is responsible for providing food to children, menus must be
				posted on a daily or weekly basis.
7. The provider shall consider information
				provided by the children's parents as to their eating habits, food preferences,
				or special needs in creating the feeding schedules and in tailoring menus.
8. The provider shall serve snacks
				and meals to children in a manner commensurate with their age, using
				appropriate foods, portions, dishes, and eating utensils.
9. The provider or staff member may encourage
				children to eat the food served, but the provider or staff member may not
				coerce or force-feed children.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-22 - Records

Current through Supplement No. 393, July, 2024
1. The provider
				shall keep a copy of this chapter on the premises of the group child care and
				shall make it available to staff members at all times.
2. The provider shall maintain the following
				records:
a. The child's full name, birthdate,
				and current home address;
b. Legal
				names of the child's parents, and current business and personal telephone
				numbers where they can be reached;
c. Names and telephone numbers of individuals
				who may assume responsibility for the child if the individuals legally
				responsible for the child cannot be reached immediately in an
				emergency;
d. A written statement
				from the parents authorizing emergency medical care;
e. Names and telephone numbers of individuals
				authorized to take the child from the group child care;
f. Verification that the child has received
				all immunizations appropriate for the child's age, as prescribed by the public
				health division of the department, or have on file a document citing that the
				child is medically exempt or exempt from immunizations based on religious,
				philosophical, or moral beliefs; and
g. A current health assessment or a health
				assessment statement completed by the parent, obtained at the time of initial
				enrollment of the child which must indicate any special precautions for diet,
				medication, or activity. This assessment must be completed annually.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-23 - Discipline - Punishment prohibited

Current through Supplement No. 393, July, 2024
Disregard of any of the following disciplinary rules or any
				  disciplinary measure resulting in physical or emotional injury, neglect, or
				  abuse to any child is grounds for denial or revocation.
1. The group child care must have a written
				policy regarding the discipline of children. The provider shall provide the
				policy to, and discuss the policy with, staff members before the group child
				care begins operation or before staff members begin working with children.
2. Discipline must be constructive
				or educational in nature and may include diversion, separation from the problem
				situation, talking with the child about the situation, praising appropriate
				behavior, or gentle physical restraint, such as holding. A child may not be
				subjected to physical harm, fear, or humiliation.
3. Authority to discipline may not be
				delegated to children nor may discipline be administered by children.
4. Separation, when used as
				discipline, must be appropriate to the child's development and circumstances.
				The child must be in a safe, lighted, well-ventilated room within sight or
				hearing range of a staff member responsible for caring for or teaching
				children. A staff member may not isolate a child in a locked room or closet.
5. A child may not be punished for
				lapses in toilet training.
6. A
				staff member may not use verbal abuse or make derogatory remarks about the
				child, the child's family, race, or religion when addressing a child or in the
				presence of a child.
7. A staff
				member may not use profane, threatening, unduly loud, or abusive language in
				the presence of a child.
8. A
				staff member may not force-feed a child or coerce a child to eat unless
				medically prescribed and administered under a medical provider's care.
9. A staff member may not use
				deprivation of meals or snacks as a form of discipline or punishment.
10. A staff member, household
				member, or any other adult in or at the group child care may not kick, punch,
				spank, shake, pinch, bite, roughly handle, strike, mechanically restrain, or
				physically maltreat a child.
11. A
				staff member may not force a child to ingest substances that would cause pain
				or discomfort, for example, placing soap in the mouth of a child to deter the
				child from biting other children.
12. A staff member may not withhold active
				play from a child as a form of discipline or punishment, beyond a brief period
				of separation.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-24 - Specialized types of care and minimum requirements

Current through Supplement No. 393, July, 2024
1. Infant care.
a. Environment and interactions.
(1) A group child care serving children from
				birth to twelve months shall provide an environment which protects the children
				from physical harm.
(2) The
				provider shall ensure that each infant receives positive stimulation and verbal
				interaction with a staff member responsible for caring for or teaching
				children, or emergency designee, such as being held, rocked, talked with, or
				sung to.
(3) The staff members
				responsible for caring for or teaching children, or emergency designee, shall
				respond promptly to comfort an infant's or toddler's physical and emotional
				distress.
(a) Especially when indicated by
				crying or due to conditions such as hunger, fatigue, wet or soiled diapers,
				fear, teething, or illness; and
(b)
				Through positive actions such as feeding, diapering, holding, touching,
				smiling, talking, singing, or eye contact.
(4) The provider shall ensure that infants
				have frequent and extended opportunities during each day for freedom of
				movement, including creeping or crawling in a safe, clean, open, and
				uncluttered area.
(5) Staff members
				responsible for caring for or teaching children shall take children outdoors or
				to other areas within the group child care for a part of each day to provide
				some change of physical surroundings and to interact with other
				children.
(6) The provider shall
				ensure that infants are not shaken or jostled.
(7) The provider shall ensure that low chairs
				and tables, high chairs with trays, or other age-appropriate seating systems
				are provided for mealtime for infants no longer being held for feeding. High
				chairs, if used, must have a wide base and a safety strap.
(8) The provider shall ensure that
				thermometers, pacifiers, teething toys, and similar objects are cleaned and
				sanitized between uses. Pacifiers may not be shared.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-25 - Minimum requirements for care of a child with special needs

Current through Supplement No. 393, July, 2024
A provider shall make appropriate accommodations, as required
				  by the Americans with Disabilities Act, to meet the needs of children with
				  special needs. The provider shall receive documentation of the child's special
				  needs from the parent upon the child's enrollment.
1. When a child with special needs is
				admitted, the group child care supervisor shall consult with the child's
				parents, and with the parent's permission, the child's source of professional
				health care, or, when appropriate, other health and professional consultants to
				gain an understanding of the child's individual needs. The provider shall
				receive a written health care plan from the child's medical provider or parent
				with information related to the child's special needs, such as a description of
				the special needs, definition of the diagnosis, and general information for
				emergency and required care such as usual medications and procedures.
2. The provider shall ensure staff
				members responsible for caring for or teaching children receive proper
				instructions as to the nature of the child's special needs and potential for
				growth and development.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-26 - Minimum provisions regarding emergency care for children

Current through Supplement No. 393, July, 2024
The group child care must have written plans to respond to
				  illness and emergencies, including burns, serious injury, and ingestion of
				  poison. The provider shall ensure that parents of enrollees are advised of
				  these plans. Plans must:
1. Establish
				emergency response procedures;
2.
				Provide accessible posting of emergency response procedures and require
				training for all staff members concerning those emergency procedures;
3. Require the availability of at least one
				working flashlight;
4. Require at
				least one department-approved first-aid kit maintained and kept in a designated
				location, inaccessible to children, yet readily accessible to staff members at
				all times;
5. Provide a working
				telephone line immediately accessible to staff members with a list of emergency
				telephone numbers conspicuously posted;
6. Require a plan for responding to minor
				illnesses and minor accidents when children are in the care of the group child
				care;
7. Require written permission
				to dispense medication and proper instructions for the administration of
				medication obtained from the parent of a child in the group child care who
				requires medication.
a. Medication prescribed
				by a medical provider must be accompanied by the medical provider's written
				instructions as to dosage and storage, and labeled with the child's name and
				date.
b. Medication must be stored
				in an area inaccessible to children, and medication stored in a refrigerator
				must be stored collectively in a spillproof container.
c. The provider shall keep a written record
				of the administration of medication, including over-the-counter medication, for
				each child. Records must include the date and time of each administration, the
				dosage, the name of the staff member administering the medication, and the name
				of the child. The provider shall include completed medication records in the
				child's record;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-27 - Effect of conviction on licensure and employment

Current through Supplement No. 393, July, 2024
1. An applicant or provider may not be, and a
				group child care may not employ or allow, in any capacity that involves or
				permits contact between the emergency designee, group child care supervisor,
				staff member, or household member and any child cared for by the group child
				care, a provider, emergency designee, group child care supervisor, staff
				member, or household member who has 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; 12.1-18, kidnapping;
				12.1-27.2, sexual performances by children; or 12.1-41, Uniform Act on
				Prevention of and Remedies for Human Trafficking; or in North Dakota Century
				Code section 12.1-17-01, simple assault; 12.1-17-01.1, assault; 12.1-17-01.2,
				domestic violence; 12.1-17-02, aggravated assault; 12.1-17-03, reckless
				endangerment; 12.1-17-04, terrorizing; 12.1-17-06, criminal coercion;
				12.1-17-07, harassment; 12.1-17-07.1, stalking; 12.1-17-12, assault or homicide
				while fleeing a police officer; 12.1-20-03, gross sexual imposition;
				12.1-20-03.1, continuous sexual abuse of 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; 12.1-21-01, arson; 12.1-22-01, robbery; 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; 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 in the case of a group
				child care applicant, provider, or group child care supervisor, or household
				member, or the provider in the case of a staff member or emergency designee,
				determines that the individual has not been sufficiently rehabilitated. 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 charge or conviction, is prima
				facie evidence of sufficient rehabilitation.