North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-13 - Background checks and criminal conviction - Effect on licensure

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