North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-01 - General Standards for Substance Abuse Treatment Programs › Section 75-09.1-01-17 - Criteria for programs that treat adolescents and adults

Current through Supplement No. 393, July, 2024
1. A program shall secure a criminal history
				record investigation for any employee who works with adolescents.
a. A program shall secure from any employee
				who may have any contact with an adolescent treated by the program identifying
				information that is appropriate to accomplish a criminal history record
				investigation.
b. A program
				providing services to adolescents that held a license in good standing before
				the effective date of this section shall complete a criminal history record
				investigation check for all existing employees within thirty days of the
				effective date of this section.
c.
				A program may not allow an employee to begin work until the criminal history
				record investigation is complete and it shows fitness to work with adolescents.
				A program may not employ, in any capacity that involves or permits contact
				between the employee and any adolescent treated by the program, an individual
				who is known to have been found guilty of, pled guilty to, or pled no contest
				to:
(1) An offense described in North Dakota
				Century Code chapter 12.1-16, homicide; 12.1-17, assaults - threats - coercion
				- harassment; or 12.1-18, kidnapping; North Dakota Century Code section
				12.1-20-03, gross sexual imposition; 12.1-20-04, sexual imposition; 12.1-20-05,
				corruption or solicitation of minors; 12.1-20-05.1, luring minors by computer;
				12.1-20-06, sexual abuse of wards; 12.1-20-06.1, sexual exploitation by
				therapist; 12.1-20-07, sexual assault; 12.1-22-01, robbery; or 12.1-22-02,
				burglary, if a class B felony under subdivision b of subsection 2 of that
				section; North Dakota Century Code chapter 12.1-27.2, sexual performances by
				children; or North Dakota Century Code section 12.1-29-01, promoting
				prostitution; 12.1-29-02, facilitating prostitution; or 12.1-31-05, child
				procurement; or an offense under the laws of another jurisdiction which
				requires proof of substantially similar elements as required for conviction
				under any of the enumerated North Dakota statutes; or
(2) An offense, other than an offense
				identified in paragraph 1, if the department determines that the individual has
				not been sufficiently rehabilitated or the offense has a direct bearing on the
				program's ability to safely serve adolescents treated there. The department
				will not consider a claim that the individual has been sufficiently
				rehabilitated until any term of probation, parole, or other form of community
				corrections or imprisonment, without subsequent charge or conviction, has
				elapsed. An offender's completion of a period of five years after final
				discharge or release from any term of probation, parole, or other form of
				community corrections or imprisonment, without subsequent conviction, is prima
				facie evidence of sufficient rehabilitation.