reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-27 - Effect of conviction on licensure and employment

Current through Supplement No. 393, July, 2024
1. An applicant, operator, or director may
				not be, and a preschool may not employ or allow, in any capacity that involves
				or permits contact between the teacher, assistant, emergency designee, staff
				member, or household member, and any child cared for by the preschool, an
				operator, director, staff member, teacher, assistant, emergency designee, 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; 12.1-17-01.2, domestic violence; 12.1-17-01.1,
				assault; 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 an
				applicant, operator, household member, or director, or the operator in the case
				of a staff member, teacher, assistant, substitute 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.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-28 - Child abuse and neglect determinations

Current through Supplement No. 393, July, 2024
An owner and operator shall ensure safe care for the children
				  receiving services in the preschool.
1. 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 any applicant, owner,
				operator, director, teacher, assistant, staff member, substitute staff member,
				emergency designee, or household member, it has a direct bearing on the
				applicant's, owner, or operator'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, owner, operator, director, teacher,
				assistant, staff member, substitute staff member, emergency designee, or
				household member, the applicant or operator shall furnish information
				satisfactory to the department, from which the department can determine the
				applicant's, owner, operator's, director's, teacher's, assistant's, staff
				member's, substitute staff member's, or emergency designee'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 operator.
2. Each applicant, owner, operator, director,
				teacher, assistant, staff member, substitute staff member, and emergency
				designee shall complete, and the operator 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 operator 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 preschool.
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 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-29 - Correction of violations

Current through Supplement No. 393, July, 2024
1. Within
				ten business days of mailing or three days of electronic transmission of the
				correction order, the owner shall notify the parents of each child enrolled in
				the preschool that a correction order has been issued. In addition to providing
				notice to the parent of each child, the owner shall post the correction order
				in a conspicuous location within the preschool until the violation has been
				corrected or for five days, whichever is longer.
2. Violations noted in a correction order
				must be corrected:
a. For a violation of North
				Dakota Century Code section 50-11.1-02.2; section
				75-03-11-04; subsection 13 of
				section 75-03-11-08; section
				75-03-11-09; subsection 4 of
				section 75-03-11-10; subsection 3 of
				section 75-03-11-13; subsection 2, 7, or 8
				of section
				75-03-11-18; or section
				75-03-11-23, within twenty-four
				hours;
b. For a violation requiring
				the hiring of a director with those qualifications set forth in section
				75-03-11-08.1 or a teacher with
				those qualifications as set forth in section
				75-03-11-08.2, within sixty
				days;
c. For a violation that
				requires an inspection by a state fire marshal or local fire department
				authority pursuant to section
				75-03-11-17, within sixty
				days;
d. For a violation that
				requires substantial building remodeling, construction, or change, within sixty
				days; and
e. For all other
				violations, within twenty days.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-30 - 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; subsection 13 of
				section 75-03-11-08; or section
				75-03-11-09,
				75-03-11-13,
				75-03-11-17,
				75-03-11-18, or
				75-03-11-19 for each day that the
				operator has not verified correction, after the allowable time for correction
				of violations ends, that the operator has not verified correction.
2. The department shall issue a fiscal
				sanction of fifteen dollars per day for each violation of section
				75-03-11-08.1,
				75-03-11-08.2,
				75-03-11-08.3, or
				75-03-11-15; subsection 1, 2, or 4
				of section
				75-03-11-18; or subsection 1 of
				section 75-03-11-20 for each day that the
				operator has not verified correction, after the allowable time for correction
				of violations ends, that the operator has not verified correction.
3. The department shall issue a fiscal
				sanction of five dollars per day for each violation of any other provision of
				this chapter for each day that the operator has not verified correction, after
				the allowable time for correction of violations ends, that the operator has not
				verified correction.
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 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-31 - Appeals

Current through Supplement No. 393, July, 2024
An applicant or operator may appeal a decision to deny or
				  revoke a license by filing a written appeal with the department. The appeal
				  must be postmarked or received by the department within ten calendar days of
				  the applicant's or operator's receipt of written notice of the decision to deny
				  or revoke the license. Upon receipt of a timely appeal, an administrative
				  hearing must be conducted in the manner provided in 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-03 - 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 facility.
5. "Child with special needs" means a child
				whose medical providers have determined that the child has or is at risk of
				chronic physical, developmental, behavioral, or emotional conditions.
6. "Director" means an individual responsible
				for overseeing the general operation of, and implementing the policies and
				procedures of, the school-age child care program.
7. "Emergency designee" means an individual
				designated by the school-age child care program to be a backup staff member for
				emergency assistance or to provide substitute care.
8. "Medication" means any drug or remedy
				which is taken internally or orally, inhaled, or applied topically.
9. "Operator" means the person that who has
				operational responsibility for the school-age child care program and premises
				at which the school-age child care program operates.
10. "Owner" means the person that has legal
				responsibility for the early childhood program and premises at which the early
				childhood service operates.
11.
				"Substitute staff" means staff who work less than thirty-two hours per month
				and are not regularly scheduled for work.
12. "Supervisor" means any individual with
				the responsibility for organizing and supervising daily program
				activities.
13. "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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-04 - Effect of licensing and display of license

Current through Supplement No. 393, July, 2024
1. The issuance of
				a license to operate a school-age child care program 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 for whom the school-age child care program may provide care.
				The school-age child care program 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-05 - Denial or revocation of license

Current through Supplement No. 393, July, 2024
1.
				The department may deny or revoke a license 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 operator appeals an action to revoke
				a license, the operator may continue the operation of the school-age child care
				program pending the final administrative determination or until the license
				expires, whichever occurs first; provided, however, that 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 school-age child care program 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-06 - Provisional license

Current through Supplement No. 393, July, 2024
1. The department
				may issue a provisional license for the operation of a school-age child care
				program although the applicant or owner 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 owner has failed to comply
				with all applicable standards and regulations 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 owner 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-06.1 - 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 care;
2. To
				restrict a pet or animal from areas accessible to children; or
3. When necessary to inform parents that the
				owner is licensed, but is restricted to operating in certain rooms or floors of
				the facility or restricted from using specific outdoor space of the
				facility.
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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-07 - Application for and nontransferability of school-age child care program license

Current through Supplement No. 393, July, 2024
1. An applicant
				shall submit an application for a license 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 is valid only for the premises indicated on the
				license.
3. An application for a
				new license must be filed upon change of owner 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-08 - Duties of school-age child care program operator

Current through Supplement No. 393, July, 2024
The operator of a school-age child care program is
				  responsible for compliance with the requirements set forth in this chapter and
				  North Dakota Century Code chapter 50-11.1. The operator:
1. Shall designate a qualified director,
				shall delegate appropriate duties to the director, and shall:
a. Ensure that the director is present at the
				school-age child care program at least sixty percent of the time that the
				program is open. If the operator has legal responsibility and the
				administrative authority over two or more school-age child care programs, a
				director shared between two or more school-age child care programs shall be
				present a combined total of sixty percent of the school-age programs' hours of
				operation.
b. Ensure that when the
				director and designated acting director are not present at the program, an
				individual who meets the qualifications of a supervisor is on duty.
c. Ensure that the individual designated as
				an acting director for longer than thirty consecutive days meets the
				qualifications of a school-age child care program director.
d. Ensure that if the operator of the
				school-age child care program is also the director, that the operator meets the
				qualifications of a director set forth in section
				75-03-11.1-08.1;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-08.1 - Minimum qualifications of a school-age child care program director

Current through Supplement No. 393, July, 2024
A director shall:
1.
				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. Possess knowledge and
				experience in management and interpersonal relationships;
3. Hold 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, child development, or elementary education;
b. A bachelor's degree with at least six
				months of experience in a school-age child care program or similar setting and
				one of the following:
(1) Eight semester hours
				or twelve quarter hours of department-approved early childhood education, child
				development, or elementary education;
(2) One hundred twenty hours of
				department-approved early childhood training; or
(3) A director's credential approved by the
				department;
c. An
				associate degree in the field of early childhood education or child development
				with at least six months of experience in a school-age child care program or
				similar setting;
d. An associate's
				degree with at least one year of experience in a school-age child care program
				and one of the following:
(1) Eight semester
				hours or twelve quarter hours of department-approved early childhood education,
				child development, or elementary education;
(2) One hundred twenty hours of
				department-approved early childhood training; or
(3) A director's credential approved by the
				department;
e. A current
				certification as a child development associate or similar status with at least
				one year of experience in a school-age child care program or similar
				setting;
f. Certification from a
				Montessori teacher training program with one year of experience in a Montessori
				school, school-age child care program, or similar setting, and at least one of
				the following:
(1) Eight semester hours or
				twelve quarter hours of department-approved child development, early childhood
				education, or elementary education;
(2) One hundred twenty hours of
				department-approved early childhood training; or
(3) A director's credential approved by the
				department; and
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-08.2 - Duties of school-age child care program director

Current through Supplement No. 393, July, 2024
The school-age child care program director, in collaboration
				  with the school-age child care program operator, shall:
1. Plan, supervise, and conduct daily
				activities in the school-age child care program;
2. Maintain enrollment, health, attendance,
				and other required records;
3.
				Screen, schedule, supervise, and be responsible for the conduct of staff
				members while the staff members are on duty;
4. Designate a supervisor for each school-age
				child care program site; and
5.
				Perform other duties as delegated by the operator.
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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-08.3 - Minimum qualifications of school-age child care program supervisor

Current through Supplement No. 393, July, 2024
1. A supervisor shall hold at least one of
				the following qualifications:
a. An associate
				degree in the field of early childhood development or elementary education, or
				a secondary degree with an emphasis on middle school or junior high
				training;
b. Current certification
				as a child development associate;
c. Certification from a Montessori teacher
				training program; or
d. A high
				school diploma or high school equivalency with at least one year of experience
				in a child care program or similar setting.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-08.4 - Minimum qualifications for all school-age child care program staff members responsible for caring for or teaching children

Current through Supplement No. 393, July, 2024
1. Each staff member shall be at least
				sixteen years of age, shall be an individual of good physical, cognitive,
				social, and emotional health, and shall use mature judgment when making
				decisions impacting the quality of child care.
2.
a. Each
				staff member shall certify the staff member's own annual completion of
				department-approved training related to child care as set forth below:
(1) Staff members working more than thirty
				hours per week shall certify a minimum of thirteen hours of department-approved
				training annually;
(2) Staff
				members working fewer than thirty hours and at least twenty hours per week
				shall certify a minimum of eleven hours of department-approved training
				annually;
(3) Staff members working
				fewer than twenty hours and at least ten hours per week shall certify a minimum
				of nine hours of department-approved training annually; and
(4) Staff members working fewer than ten
				hours per week shall certify a minimum of seven hours of department-approved
				training annually.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-08.5 - Minimum qualifications for 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-08.6 - Duties of school-age child care program supervisor

Current through Supplement No. 393, July, 2024
The supervisor, in collaboration with the director, shall:
1. Communicate with parents about the
				individual needs of their children, including any special concerns the parents
				may have;
2. Plan daily and weekly
				schedules of activities and make those plans available to parents; and
3. Ensure that program policies
				are adhered to in the classes and groups assigned to the supervisor.
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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-09 - Staffing and group size requirements

Current through Supplement No. 393, July, 2024
1. The number of
				staff members responsible for caring for or teaching children and their
				responsibilities must reflect program requirements and individual differences
				in the needs of the children enrolled, and may permit mixed groups, if
				necessary. Service personnel engaged in housekeeping and food preparation may
				not be counted in the child to staff ratio for periods of time when they are
				engaged in housekeeping or food preparation. The operator shall ensure that a
				child with special needs requiring more than usual care and supervision has
				adequate care and supervision without adversely affecting care provided to the
				other children in the school-age child care program.
2. Staffing requirements and maximum group
				size.
a. The operator of a school-age child
				care program shall ensure that the program is sufficiently staffed at all times
				to meet the child to staff ratios for children in attendance, and that no more
				children than the licensed capacity are served at one time.
One staff member may care for or teach a maximum of twenty
				  children, with a maximum group size of forty children.
b. A staff member may be counted in the
				required ratio only for the time the staff member is directly responsible for a
				group of children.
c. The director
				shall ensure that staff members responsible for caring for or teaching children
				and children under the age of eighteen are supervised by an adult at all times
				while in the school-age child care program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-13 - 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, operator,
				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 50-11.1-04, 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-15 - Minimum standards for provision of transportation

Current through Supplement No. 393, July, 2024
1. The operator shall establish a written
				policy governing the transportation of children to and from the school-age
				child care program, if the school-age child care program 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 school-age child care program. If the school-age child care program
				provides transportation, the operator 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 school-age child care program, children must be protected by adequate
				staff member supervision, safety precautions, and liability insurance.
a. Staffing requirements must be maintained
				to assure the safety of the 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-16 - Minimum emergency evacuation and disaster plan

Current through Supplement No. 393, July, 2024
1. The operator
				shall establish and post an emergency disaster plan for the safety of the
				children in care. The operator shall develop written disaster plans 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-17 - Fire inspections

Current through Supplement No. 393, July, 2024
1. The operator
				shall ensure that annual fire inspections are completed by local or state fire
				authorities. The operator shall correct or have corrected any code violations
				noted by the fire inspector and shall file reports of the inspections and any
				corrections with the department.
2.
				The operator shall ensure that the school-age child care program is equipped
				with sufficient smoke detectors and fire extinguishers, as recommended by the
				local fire department or state fire marshal.
3. The operator shall ensure that the
				school-age child care program provides:
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 school-age child care program has been
				inspected and that the inspector is satisfied that the school-age child care
				program meets minimum fire and safety standards.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-18 - Minimum sanitation and safety requirements

Current through Supplement No. 393, July, 2024
1. The operator shall ensure that school-age
				child care programs for more than thirty children, where meals are prepared,
				comply with the public health division of the department child care food
				service establishment license requirements pursuant to North Dakota Century
				Code chapter 23-09. The operator shall correct any code violations noted by the
				health inspector and shall file reports of the inspections and corrections made
				with the department. If only snacks or occasional cooking projects are
				prepared, an inspection by the public health division of the department is not
				required.
2. The operator shall
				ensure that the school-age child care program's building, grounds, and
				equipment are located, cleaned, and maintained to protect the health and safety
				of children. The operator shall establish routine maintenance and cleaning
				procedures to protect the health of the children and the staff
				members.
3. The operator shall
				ensure that the school-age child care program ground areas are free from
				accumulations of refuse, standing water, unprotected wells, debris, flammable
				material, and other health and safety hazards.
4. The operator shall ensure that exterior
				play areas in close proximity to busy streets and other unsafe areas are
				contained or fenced, or have natural barriers to restrict children from those
				unsafe areas. Outdoor play areas must be inspected daily for hazards and
				necessary maintenance.
5. The
				operator shall ensure that garbage stored outside is kept away from areas used
				by children and is kept in containers with lids. Open burning is not permitted.
				The operator shall keep indoor garbage in covered containers. The operator may
				allow paper waste to be kept in open waste containers.
6. The operator shall ensure that wading
				pools used by the school-age child care program are strictly supervised and are
				emptied, cleaned, and sanitized daily.
7. The operator shall ensure that all
				swimming pools are approved annually by the local health unit.
8. Aquatic activities:
a. The operator shall have policies which
				ensure the health and safety of children in care while participating in aquatic
				activities, including types of aquatic activities the program may participate
				in, staff-to-child ratios appropriate to the ages and swimming ability of
				children participating in aquatic activities, and additional safety precautions
				to be taken.
b. The operator may
				not permit any child to participate in an aquatic activity without written
				parental permission, which includes parent disclosure of the child's swimming
				ability.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-19 - Minimum requirements regarding space and lighting

Current through Supplement No. 393, July, 2024
1. Each school-age child care program shall
				provide adequate indoor and outdoor space for the daily activities of all
				children within the licensed capacity of the school-age child care
				program.
2. Adequate space must
				include a minimum of thirty-five square feet [3.25 square meters] of space per
				child indoors and a minimum of seventy-five square feet [6.97 square meters] of
				play space per child outdoors. 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 children are
				not permitted to occupy. If available outdoor play space does not accommodate
				the licensed capacity of the school-age child care program at one time, the
				total appropriate outdoor space available must not be less than what is
				required for the number of children in the largest class or group of the
				program multiplied by seventy-five square feet [6.96 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 operator shall prepare a written schedule of
				outdoor or separate indoor recreation space playtime which limits use of the
				play area to its capacity, giving every child an opportunity to play
				daily.
3. The school-age child care
				program must be properly lighted. If the lighting of the school-age child care
				program appears questionable, the department may require the operator to obtain
				additional lights so that a minimum of sixty-five foot-candles of light is used
				in the areas generally used for children's activities.
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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-21 - Minimum standards for food and nutrition

Current through Supplement No. 393, July, 2024
1. When the operator 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 diets of the children enrolled, and
				served at appropriate hours. Food that is prepared, served, or stored in a
				school-age child care program must be treated in a sanitary and safe manner
				with sanitary and safe equipment.
2. When parents bring sack lunches for their
				children, the operator shall supplement lunches when 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. The operator shall serve nutritious meals to children in care during any
				normal mealtime hour.
4. When the
				operator is responsible for providing food to children, menus must be prepared
				on a weekly basis and made available to the parents, the department, and other
				appropriate individuals.
5. The
				operator shall consider information provided by the children's parents as to
				the children's eating habits, food preferences, or special needs in creating
				the feeding schedules and in tailoring menus.
6. The operator shall serve snacks and meals
				to children in a manner commensurate with their age, using appropriate foods,
				portions, dishes, and eating utensils.
7. The operator or staff members may
				encourage children to eat the food served, but the operator or staff members
				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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-22 - Records

Current through Supplement No. 393, July, 2024
1. The operator
				shall keep a copy of this chapter on the premises of the school-age child care
				program and shall make it available to staff members at all times.
2. The operator shall maintain the following
				records and shall keep copies at the school age program premises where the
				child is enrolled:
a. The child's full name,
				birth date, 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
				individual 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 school-age child care program;
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 stating 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-23 - Discipline - Punishment prohibited

Current through Supplement No. 393, July, 2024
Disregard of any of the following disciplinary rules or
				  disciplinary measure resulting in physical or emotional injury, neglect, or
				  abuse to any child is grounds for license denial or revocation.
1. The school-age child care program must
				have a written policy regarding the discipline of children. The operator shall
				provide the policy to, and discuss the policy with, the staff members before
				the school-age child care program 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 a child, or a 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 at the school-age child care program 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 a child's mouth to deter the child
				from biting other children.
12. A
				staff member may not withhold active play from children as a means of
				discipline or punishment, beyond a brief period of separation.
General Authority:
NDCC 50-11.1-01,
					 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-24 - Specialized types of care and minimum requirements

Current through Supplement No. 393, July, 2024
1.
Night
				care.
a. Any school-age child care
				program offering night care shall provide program modifications for the needs
				of children and their parents during the night;
b. In consultation with parents, attention
				must be given by the staff member responsible for caring for or teaching
				children to provide for a transition into this type of care appropriate to the
				child's needs;
c. The operator
				shall encourage parents to leave their children in care or pick them up before
				and after their normal sleeping period when practical, to ensure minimal
				disturbance of the child during sleep, with consideration given to the parent's
				work schedule;
d. The operator
				shall ensure that comfortable beds and cots, complete with a mattress or pad,
				are available;
e. The school-age
				child care program shall require each child in night care to have night
				clothing and a toothbrush marked for identification; and
f. The operator shall ensure that during
				sleeping hours, staff members responsible for caring for or teaching children
				are awake and within hearing range to provide for the needs of children and to
				respond to an emergency.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-25 - Minimum requirements for care of a child with special needs

Current through Supplement No. 393, July, 2024
An operator shall make appropriate accommodations, as
				  required by the Americans with Disabilities Act, to meet the needs of a child
				  with special needs. The operator 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 director or 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 operator 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 medication and procedures.
2. The operator 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
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04