reglab/statecodes huggingface dataset:
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 75-03-11.1-26 - Minimum provisions regarding emergency care for children

Current through Supplement No. 393, July, 2024
The school-age child care program shall have written plans to
				  respond to illness, accidents, and emergencies, including burns, serious
				  injury, and ingestion of poison. The operator shall ensure that parents of
				  enrolled children are advised of these plans. Plans must:
1. Establish emergency response
				procedures;
2. Provide accessible
				posting of emergency response procedures and 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 be maintained and kept in each
				major activity area, inaccessible to children, yet readily accessible to staff
				members at all times;
5. Provide a
				working telephone immediately accessible to staff members with a list of
				emergency telephone numbers conspicuously posted;
6. Require that the program inform parents in
				writing of any first aid administered to their child within twenty-four hours
				of the incident and immediately notify parents of any injury which requires
				emergency care beyond first aid, and require an injury report to be made a part
				of the child's record;
7. Require a
				plan for responding to minor illnesses and minor accidents when children are in
				the care of the school-age child care program;
8. Require written permission to dispense
				medication and require proper instructions for the administration of medication
				be obtained from the parent of a child in the school-age child care program who
				requires medication:
a. Medication prescribed
				by a medical provider must be accompanied by the medical provider's written
				instructions as to its dosage and storage, and labeled with the child's name
				and date.
b. The program 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 program shall
				include completed medication records in the child's record.
c. Medication must be stored in an area
				inaccessible to children, and medication stored in a refrigerator must be
				stored collectively in a spillproof container;
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 75-03-11.1-27 - Effect of conviction on licensure and employment

Current through Supplement No. 393, July, 2024
1. An applicant, operator, director, or
				supervisor may not be, and a school-age child care program may not employ or
				allow, in any capacity that involves or permits contact between the emergency
				designee, substitute staff member, staff member, or household member and any
				child cared for by the school-age child care program, an operator, emergency
				designee, substitute staff member, director, 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 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; 12.1-21-01, 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
				school-age child care program applicant, operator, director, supervisor, or
				household member, or the school-age child care program operator in the case of
				an emergency designee, substitute staff member, or staff member, 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-28 - Child abuse and neglect decisions

Current through Supplement No. 393, July, 2024
An operator shall ensure safe care for the children receiving
				  services in the school-age child care program.
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 an applicant, owner,
				operator, director, supervisor, emergency designee, substitute staff member,
				staff member, or household member, that decision 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 a child has been
				abused or neglected by the applicant, owner, operator, director, supervisor,
				emergency designee, substitute staff member, staff member, 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, supervisor's, emergency designee's, substitute staff
				member'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 operator.
2. Each
				applicant, owner, operator, director, supervisor, emergency designee,
				substitute staff member, and staff member 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
				school-age 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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-29 - Correction of violations

Current through Supplement No. 393, July, 2024
1. Within
				ten business days of mailing or three days of electronic transmission of a
				correction order, the owner shall notify the parents of each child receiving
				care at the school-age child care program 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 school-age
				child care program 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; subsection 13 of section
				75-03-11.1-08; subsection 4 or 5
				of section
				75-03-11.1-08.4; section
				75-03-11.1-09; subsection 2, 3,
				10, or 20 of section
				75-03-11.1-18; or section
				75-03-11.1-23, within twenty-four
				hours.
b. For a violation requiring
				the hiring of a school-age child care program director with those
				qualifications set forth in section
				75-03-11.1-08.1 or a child care
				supervisor with those qualifications set forth in section
				75-03-11.1-08.3, within sixty
				days.
c. For a violation that
				requires an inspection by a state fire marshal or local fire department
				authority pursuant to section
				75-03-11.1-17, within sixty
				days.
d. For a violation that
				requires substantial building remodeling, construction, or change, within sixty
				days.
e. For all other violations,
				within twenty days.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-30 - 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 75-03-11.1-08; section
				75-03-11.1-09; subsection 2, 3,
				10, or 20 of section
				75-03-11.1-18; or section
				75-03-11.1 -23 for each day that the operator 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 section
				75-03-11.1-08, except a violation
				of subsection 13 of section 75-03-11.1 -08; subsection 1, 4, 5, 17, or 19 of
				section 75-03-11.1-18; subsection 1 of
				section 75-03-11.1-19; section
				75-03-11.1-20; or subsection 1 of
				section 75-03-11.1-24 for each day that
				the operator 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 operator
				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 75-03-11.1 - Preschool Early Childhood Services › Section 75-03-11.1-31 - 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
				  receipt of the applicant's or operator's 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 75-03-12 - Foster Parent Grievance Procedure › Section 75-03-12-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Department" means the North Dakota
				department of human services.
2.
				"Grievance" means an objection made by a licensed foster parent regarding any
				placement decisions made by the department or human service zone which
				substantially affects the foster parent or the needs of the foster child.
General Authority:
NDCC 50-11.2-02(5)
Law Implemented:
NDCC
					 50-11.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-12 - Foster Parent Grievance Procedure › Section 75-03-12-02 - Who may file grievance

Current through Supplement No. 393, July, 2024
Only the foster parents who are providing, or who most
				  recently provided, care to a foster child may file a grievance. No grievance
				  may be filed with respect to a decision concerning a foster child who has not
				  been living in the grievant's home within one hundred days prior to filing.
General Authority: NDCC
					 50-11.2-02(5)
Law Implemented: NDCC
					 50-11.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-12 - Foster Parent Grievance Procedure › Section 75-03-12-03 - Grievance to be in writing - Contents - Time for filing

Current through Supplement No. 393, July, 2024
The grievance must be in writing. It must contain a succinct
				  statement of the grievant's reasons for objections to a decision and the
				  grievant's proposed substitute decision. A grievance must be filed with the
				  human service zone director or the director's designee within ten days of the
				  grievant's receipt of the written decision of the department or human service
				  zone.
General Authority:
NDCC 50-11.2-02(5)
Law Implemented:
NDCC
					 50-11.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-12 - Foster Parent Grievance Procedure › Section 75-03-12-04 - Informal meeting

Current through Supplement No. 393, July, 2024
1. The agency which
				has made the grieved decision shall schedule an informal meeting with the
				foster parents. This meeting shall be held within ten days of receipt of the
				written grievance. When the decision which is the subject of the grievance is a
				decision made by a human service zone team member, a member of the human
				service zone shall preside at the informal meeting.
2. The informal meeting may include, upon
				approval of the agency having care, custody, and control of the foster child,
				the following participants:
a. Foster
				parents.
b. Human service zone team
				members and staff.
c. Human service
				zone directors.
d. Juvenile court
				staff.
e. State's
				attorneys.
f. Natural parents of
				the foster child.
g. Foster
				child.
h. Staff of the agency
				having care, custody, and control of the foster child.
i. Any other person having information
				concerning the decision which is the subject of the
				grievance.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-12 - Foster Parent Grievance Procedure › Section 75-03-12-05 - Request for formal hearing

Current through Supplement No. 393, July, 2024
If the grievants and the human service zone do not resolve
				  the grievance at the informal meeting, the grievants may submit a written
				  request for a formal hearing to be held at a conflict-free human service zone
				  office. This request must be received by the human service zone director within
				  three working days after receipt by the foster parents of the written summary
				  of the informal meeting.
General Authority:
NDCC 50-11.2-02(5)
Law Implemented:
NDCC
					 50-11.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-12 - Foster Parent Grievance Procedure › Section 75-03-12-06 - Formal hearing

Current through Supplement No. 393, July, 2024
1. The human
				service zone involved shall provide the conflict-free human service zone office
				with pertinent files and records for the review by the conflict-free human
				service zone director.
2. The
				conflict-free human service zone director, or the director's designee, shall
				conduct the hearing, swear witnesses, and maintain order.
3. Testimony taken at the hearing shall be
				preserved by a suitable recording device. Any party may receive a transcribed
				copy of the testimony upon request and payment of the transcription costs;
				provided, that the request is received within ninety days of the
				hearing.
4. The statements received
				at the hearing must be limited to those probative of the grievance under
				review.
General Authority:
NDCC 50-11.2-02(5)
Law Implemented:
NDCC
					 50-11.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-12 - Foster Parent Grievance Procedure › Section 75-03-12-07 - Hearing decision

Current through Supplement No. 393, July, 2024
The conflict-free human service zone director shall prepare a
				  written decision upon the files, records, and testimony received at the
				  hearing. The decision constitutes the final determination of the grievance. The
				  findings and conclusions of the conflict-free human service zone director must
				  be sent to the grievants and the human service zone within five working days of
				  the hearing.
General Authority:
NDCC 50-11.2-02(5)
Law Implemented:
NDCC
					 50-11.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-12 - Foster Parent Grievance Procedure › Section 75-03-12-08 - Confidentiality

Current through Supplement No. 393, July, 2024
Information furnished at the informal meeting and formal
				  hearing is confidential and subject to the provisions of North Dakota Century
				  Code section
				  50-06-15.
General Authority: NDCC
					 50-11.2-02(5)
Law Implemented: NDCC
					 50-11.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-13 - Information Corroborating Paternity › Section 75-03-13-01 - Definitions

Current through Supplement No. 393, July, 2024
"Alleged father" means an individual identified by the
				  genetic mother of an adopted person as the genetic father of the adopted
				  person.
General Authority: NDCC
					 14-15-16(2)(a),
					 50-06-16
Law Implemented: NDCC
					 14-15-16(2)(a)
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-13 - Information Corroborating Paternity › Section 75-03-13-02 - Corroborative information

Current through Supplement No. 393, July, 2024
Information which corroborates an allegation of paternity
				  includes information in the form provided for in subsection 4 of North Dakota
				  Century Code section
				  14-15-16, and also includes:
1. Written communications from the
				alleged father to the genetic mother, child-placing agency, or other persons
				concerning the adopted child; provided, that a communication containing a
				denial of paternity is not corroborative information.
2. A written report of an interview, with the
				alleged father, by a representative of a licensed child-placing agency, or
				other reputable person; provided, that a report containing a denial of
				paternity is not corroborative information.
3. A record of any payment made by the
				alleged father for the care of the child, for the care of the genetic mother
				during pregnancy or birth of the child, or for any cost of adoption.
4. A report of admission or acknowledgment of
				paternity of the adopted child, whether or not the admission or acknowledgment
				is legally sufficient to establish a parent and child relationship or create a
				presumption of paternity.
General Authority: NDCC
					 14-15-16(2)(a),
					 50-06-16
Law Implemented: NDCC
					 14-15-16(2)(a)
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-13 - Information Corroborating Paternity › Section 75-03-13-03 - When additional information to be secured

Current through Supplement No. 393, July, 2024
A licensed child-placing agency must secure and disclose
				  nonidentifying information concerning an alleged father, when that information
				  is not a part of the files and records of the agency or of the North Dakota
				  department of human services, only if those files and records contain:
1. The name of the alleged father; and
2. Information which corroborates
				the allegation of paternity.
General Authority: NDCC
					 14-15-16(2)(a),
					 50-06-16
Law Implemented: NDCC
					 14-15-16(2)(a)
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14 - Family Foster Home for Children › Section 75-03-14-01 - Definitions

Current through Supplement No. 393, July, 2024
Those definitions set forth in North Dakota Century Code
				  section 50-11-00.1 are applicable to this chapter. Additionally, in this
				  chapter, unless the context or subject matter requires otherwise:
1. "Authorized licensing agent" means the
				department or entity identified or licensed by the department to complete the
				foster care for children license, certification, or approval home study
				assessment.
2. "Background check"
				means a fingerprint-based criminal history record investigation inclusive of a
				child abuse and neglect index check in each state or tribal jurisdiction that
				the individual has resided in the previous five years.
3. "Certified foster care provider" means an
				individual residing in a private dwelling providing temporary care and safety
				services to no more than three children placed out of the home, unless
				otherwise approved by the department.
4. "Dwelling" means a home, townhouse,
				apartment, condominium, or manufactured home where an applicant resides and is
				approved by the department.
5.
				"Foster care provider" means an individual residing in a private dwelling who
				maintains a license, certification, or approval from the department to provide
				family foster care to children in need of temporary safety services when placed
				out of the home.
6. "Identified
				relative foster care provider" means an individual residing in a private
				dwelling providing temporary care and safety services to no more than six
				relative children placed out of the home, unless otherwise approved by the
				department.
7. "Reasonable and
				prudent parent standard" means the standard characterized by careful and
				sensible parental decisions that maintain the health, safety, and best
				interests of a child while at the same time encouraging the emotional and
				developmental growth of the child participating in extracurricular, enrichment,
				cultural, and social activities.
8.
				"Supervising agency" means the human service zone, division of juvenile
				services, or tribe having care, custody, and control of the child in foster
				care as ordered by a court of competent jurisdiction or the designee of that
				agency or person.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-00.1,
					 50-11-06.8
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14 - Family Foster Home for Children › Section 75-03-14-02 - License, certification, or approval

Current through Supplement No. 393, July, 2024
1.
				Application to provide foster care for children license, certification, or
				approval must be made as prescribed by the department.
2. The licensing or certification process
				requires completion and documentation of the following items:
a. Application;
b. Intial background check;
c. Initial and annual child abuse and neglect
				index check;
d. Training
				requirements;
e. Home visits
				completed by the authorized licensing agent; and
f. Home study assessment completed by the
				authorized licensing agent. The assessment may include interviews with each
				household member determined age appropriate.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14 - Family Foster Home for Children › Section 75-03-14-03 - Minimum physical standards

Current through Supplement No. 393, July, 2024
The foster care provider shall reside in a dwelling occupied
				  by an individual or a single family. The foster care provider's dwelling must
				  be in compliance with applicable state or local zoning requirements and must
				  meet the following criteria:
1.
				General dwelling areas must include:
a.
				Cleanliness, neatness, and may not include hazards that jeopardize health and
				safety;
b. Adequate light, heat,
				ventilation, and plumbing;
c. A
				kitchen with operating sink, refrigerator, stove, and oven;
d. A bathroom with sink, toilet, and bathtub
				or shower;
e. Interior doors that
				allow for entry from the outside in an emergency when locked;
f. Exterior doors maintained to permit easy
				exit;
g. Doors that prevent a child
				from being trapped, including closet doors that can open from the
				inside;
h. An operational
				telecommunications device; and
i.
				Proper storage of medications, alcohol, poisonous materials, cleaning supplies,
				and other hazardous materials to prevent access to children, which is
				appropriate for the age and development of the children in placement.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14 - Family Foster Home for Children › Section 75-03-14-04 - Qualifications of individuals Residing in the dwelling

Current through Supplement No. 393, July, 2024
1. An applicant for licensure, certification,
				or approval must:
a. Be age twenty-one years
				or greater;
b. Be financially
				stable with reasonable income or resources available to the foster care
				provider to properly care for children; and
c. Have functional literacy, demonstrating
				their ability to read communications delivered by the authorized licensing
				agent or supervising agency, policy, child care plans, and medication
				labels.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14 - Family Foster Home for Children › Section 75-03-14-07

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-02,
					 50-11-06.8
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14 - Family Foster Home for Children › Section 75-03-14-09 - Identified relative licensing, approval, and waiver

Current through Supplement No. 393, July, 2024
Applicants who meet the definition of identified relative,
				  who apply to be an identified relative foster care provider shall comply with
				  this chapter and standards for relative licensing prescribed by the department.
				  The department may grant a waiver from a provision of this chapter to an
				  applicant to provide foster care for children if the applicant is an identified
				  relative of a child in foster care. A waiver may not be issued if it would
				  result in a danger to the health and safety of any child in foster care cared
				  for by the child's identified relatives. The department shall prescribe the
				  terms of the waiver. A refusal to grant or revoke an identified relative waiver
				  is not subject to appeal.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14 - Family Foster Home for Children › Section 75-03-14-10 - Certification

Current through Supplement No. 393, July, 2024
Applicants who apply to be a certified foster care provider
				  offering time limited foster care for children shall comply with the standards
				  for certification prescribed by the department.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Agency" means
				the entity applying for or receiving a shelter care program
				certification.
2. "Attendant care"
				means a site for juveniles who are cited or citable by law enforcement and need
				constant short-term supervision on a preadjudicatory basis.
3. "Incident" means an event involving the
				resident and law enforcement and includes runaway status, criminal activity,
				behavior resulting in harm to others, harassment, violence, and
				discrimination.
4. "Resident" means
				a child age ten to eighteen years old in need of temporary safe out-of-home
				placement.
5. "Sentinel event"
				means a serious injury or trauma to a resident, attempted suicide by the
				resident, death of a resident, or inappropriate sexual contact involving a
				resident.
6. "Shelter care home"
				means a licensed foster home that has agreed to provide temporary shelter care
				to a resident in need of emergency placement and is available twenty-four hours
				per day.
7. "Shelter care program"
				means a nonsecure permanent dwelling run by an agency with certification
				obtained by the department, where employees offer safe shelter, food, and
				structured routine and is available twenty-four hours a day to a resident in
				need of emergency placement, not to exceed seven days, unless otherwise
				approved by the department.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-01.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-02 - Shelter care program certification

Current through Supplement No. 393, July, 2024
1.
				An agency may not apply for a shelter care program certification until the
				department has reviewed the need for additional shelter care programs. To
				enable the department to make a determination of need for a new shelter care
				program, the potential applicant shall submit an initial request for
				application, including the following documentation and information to the
				department:
a. The number, gender, and age
				range of the residents to be served;
b. The employee staffing, including a list of
				full-time and part-time positions by job titles and description;
c. A description of the proposed
				program;
d. A proposed budget;
				and
e. The geographic location of
				the shelter care program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-03 - Shelter care program rate

Current through Supplement No. 393, July, 2024
The department shall establish the fee for service for
				  shelter care programs. The shelter care program shall enter a financial
				  contract with the department and other eligible referral agencies seeking
				  placement into the shelter care program.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-01.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-04 - Shelter care program operations

Current through Supplement No. 393, July, 2024
The shelter care program shall:
1. Ensure the shelter care program is funded,
				staffed, and equipped in a manner required for the provision of
				services;
2. Provide the most
				recent fiscal year end financial record to the department, upon
				request;
3. Employ a qualified
				supervisor of shelter care program operations to oversee program operations,
				policy, and employee and nonemployee performance;
4. Provide twenty-four-hour supervision for
				all residents residing in the shelter care program;
5. Provide access to an on-call
				twenty-four-hour crisis line by which employees may be reached in the event of
				an emergency placement;
6.
				Establish policy and procedures specific to operations of a shelter care
				program, including:
a. Policy defining
				residents served in the shelter care program. The shelter care program shall
				define the parameters of each population of residents served. The shelter care
				program shall have a policy to ensure the safety of all residents and allow
				adequate space to properly separate residents who are children in need of
				protection from children who engage in delinquent acts;
b. Policy addressing supervision requirements
				of residents by employees during each shift, to include:
(1) Awake hours; and
(2) Overnight hours, requiring awake
				employees to check on residents at a minimum of every fifteen minutes, and more
				frequently if the acuity of the resident demands greater supervision;
c. Nondiscrimination
				policy;
d. Medication
				dispensing;
e. Resident search
				criteria;
f. At-risk behaviors and
				protocol surrounding accepting and caring for a resident who has been drinking
				or using drugs; and
g. Process for
				contacting law enforcement or emergency contacts, as needed;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-05 - Employees and nonemployees

Current through Supplement No. 393, July, 2024
1. The
				shelter care program clearly shall define, in writing, the roles and
				responsibilities of the employees and nonemployees assuring the health and
				safety of the resident and coordination of the resident's safe return to the
				custodian, parent, or guardian.
2.
				The shelter care program shall establish policy and procedures for employee and
				nonemployee roles and responsibilities, including:
a. Initial fingerprint-based criminal
				background checks for employees and a criminal background check for
				nonemployees;
b. Annual child abuse
				and neglect checks;
c. Job
				descriptions; and
d. Assigned
				shifts and protocol for shift changes.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-06 - Employee and nonemployee training

Current through Supplement No. 393, July, 2024
Shelter care programs shall provide training to employees and
				  nonemployees which includes:
1.
				Initial orientation topics of:
a. Overall
				general shelter care program policy and procedures;
b. Resident's emotional and physical
				needs;
c. Resident's daily routine,
				activities, transportation, and meals;
d. Roles and responsibilities of employees
				versus nonemployees;
e. Expected
				employee and nonemployee conduct toward residents;
f. Expected resident conduct while residing
				onsite;
g. Shelter care program's
				behavior management, including de-escalation techniques;
h. Protocol for observing and reporting
				resident behavior;
i. Protocol for
				identifying and reporting of child abuse and neglect, including completion of
				child abuse and neglect mandated reporter training;
j. Suicide prevention, including identifying
				signs and shelter program response;
k. Fire safety and evacuation
				procedures;
l. Disaster
				plan;
m. Resident search procedures
				and policies;
n. Confidentiality
				standards;
o. Protocol for
				reporting a runaway;
p. Protocol
				for emergency medical procedures;
q. Protocol for shelter care program security
				and access to visitors; and
r.
				Interest in becoming certified for medication distribution;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-07 - Buildings and grounds

Current through Supplement No. 393, July, 2024
A shelter care program shall comply with all state, county,
				  and local building, zoning, safety, and sanitation laws, codes, and ordinances.
				  The shelter care program may install automatic sprinklers in bedrooms,
				  hallways, and areas required by the fire code. If an automatic sprinkler system
				  is installed, it must be inspected annually and a copy of the inspection must
				  be provided to the department. The shelter care program must have:
1. An inspection by the local fire department
				or the state fire marshal's office as determined necessary for the dwelling to
				ensure fire safety;
2. A 2A 10BC
				fire extinguisher certified by Underwriters' Laboratories and maintained in
				accordance with the manufacturer's instructions and located in areas defined in
				the fire code. All required fire extinguishers must be checked once a year and
				serviced as needed. Each fire extinguisher must have a tag or label securely
				attached indicating the month and year the maintenance check was
				completed;
3. Smoke detectors
				installed and maintained in accordance with the manufacturer's instructions and
				located in areas defined in the fire code;
4. Carbon monoxide detectors, where
				applicable, installed and maintained in accordance with the manufacturer's
				instructions and located in areas defined in the fire code;
5. A clean, comfortable, sanitary, and safe
				dwelling with adequate lights, heat, and ventilation;
6. Furnishings suitable to the needs of all
				residents;
7. Recreational space
				and equipment that is safe, functional, and available for all
				residents;
8. One centrally located
				living room for the informal use of residents;
9. A dining room area large enough to
				accommodate the number of residents served;
10. A private space for individual
				interviewing and case meetings for ongoing program activities;
11. Sleeping accommodations that ensure:
a. At least one bed for each
				resident;
b. Clean linens and
				bedding for each resident;
c.
				Appropriate privacy and separation of resident sleep space dependent on age and
				gender;
d. Individual storage space
				to accommodate the resident's clothing and other personal belongings;
				and
e. For bedrooms, at least one
				window that opens to the outside. A bedroom located in a basement with over
				half its outside walls below grade and no door opening directly to the outside
				may not be used for sleeping, unless the bedroom space has at least one egress
				window;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-08 - Admissions and discharges

Current through Supplement No. 393, July, 2024
1. A shelter
				care program shall have written resident admission and discharge policies and
				procedures that describe:
a. The eligibility
				and criteria for admitting a resident;
b. Procedures for completing initial
				screenings upon admission, including:
(1)
				Mental health screening; and
(2)
				Basic personal health screening, which may include documenting height, weight,
				and identification of any distinct markings, such as resident's birthmark,
				tattoos, bruises, or cuts;
c. Procedure for discharge planning with the
				custodian, parent, or guardian upon date of admission; and
d. Procedures for accepting an extension
				request.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-09 - Resident files

Current through Supplement No. 393, July, 2024
Upon placement, a resident's file is confidential and must be
				  protected from unauthorized examination unless permitted or required by law or
				  regulation. The shelter care program shall adopt a policy regarding the
				  retention of the resident file. The resident file must include:
1. Admissions application, including:
a. Resident's full name;
b. Date of birth;
c. Name and contact information of the
				referral;
d. Name and contact
				information of the resident's custodian, if applicable;
e. Name and contact information of the
				resident's parent or guardian;
f. 
				Name and dosage of current medication; and
g. Documented consent to:
(1) Complete initial screenings;
(2) Provide first aid;
(3) Transport to emergency room, if
				applicable; and
(4) Distribute
				medications;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-10 - Correction orders

Current through Supplement No. 393, July, 2024
1. The shelter care
				program shall comply with all sections of this chapter, in order to maintain
				certification from the department. The department may issue a correction order
				if the shelter care program violates any provision of this chapter.
2. The department may require immediate
				correction of a violation that threatens the life or safety of a resident and
				twenty days for all other violations.
3. Upon written request by the shelter care
				program and upon showing need for an extension created by circumstances beyond
				the control of the shelter care program and documentation that the shelter care
				program has diligently pursued correction of the violation, the department may
				grant extensions of time to correct violations.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-01.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-11 - Incident and sentinel event reporting

Current through Supplement No. 393, July, 2024
1. The shelter care program must have written
				policy outlining the documentation of incidents and sentinel events that occur
				while the resident is in placement. The policy must include:
a. Reporting procedures of an incident as an
				unplanned occurrence that resulted or could have resulted in injury to people
				or damage to property, specifically involving the general public, residents, or
				employees, or nonemployees; and
b.
				Reporting procedures of a sentinel event as an unexpected occurrence involving
				death or serious physical or psychological injury not related to the natural
				course of a resident's illness or underlying condition, including any process
				variation for which a reoccurrence would carry a significant chance of a
				serious adverse outcome.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-12 - Denial, revocation, and appeal rights

Current through Supplement No. 393, July, 2024
1. The department
				may deny or revoke a shelter care program certification if the:
a. Application contains fraudulent
				information, an untrue representation, or is incomplete;
b. Agency or shelter care program has
				violated any applicable provision of North Dakota Century Code chapters 50-06
				and 50-11 or fails to meet the minimum requirements of this chapter;
				or
c. Shelter care program fails to
				ensure the required shelter care program's policies under this chapter are
				enforced and complied with.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-13 - Variance

Current through Supplement No. 393, July, 2024
Upon written application and good cause shown to the
				  satisfaction of the department, the department may grant a variance regarding a
				  specific provision of this chapter upon such terms as the department may
				  prescribe, except no variance may permit or authorize a danger to the health or
				  safety of any resident cared for by the shelter care program and no variance
				  may be granted except at the discretion of the department. A shelter care
				  program shall submit a written request to the department justifying the
				  variance. A refusal to grant a variance is not subject to appeal.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-01.4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-15 - Ratesetting for Providers of Services to Foster Children - Qualified Residential Treatment Programs › Section 75-03-15-02 - Eligibility for payment - Financial reporting requirements

Current through Supplement No. 393, July, 2024
1. Facilities are eligible for payment rates
				contingent upon the following:
a. The
				facility has a current license, issued pursuant to the provisions of chapter
				75-03-40;
b. The facility has a
				contract with the department authorizing payment;
c. The facility is in compliance with the
				terms of the contract; and
d. The
				facility participates in the financial audit process established by the
				department.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-15 - Ratesetting for Providers of Services to Foster Children - Qualified Residential Treatment Programs › Section 75-03-15-03 - Resident census

Current through Supplement No. 393, July, 2024
1. A facility shall
				maintain a daily resident census record. The facility shall count any day for
				which services are provided, including the day of discharge, as one day for the
				resident census. The day of admission or death must be counted.
2. A facility shall prepare and maintain
				resident census records on a daily basis to allow for proper tracking of
				resident census data. The daily resident census records must include:
a. Identification of the resident;
b. Entries for all days a resident is in
				placement;
c. Identification of
				type of day: treatment programming, bed hold, aftercare, or respite care;
				and
d. Monthly totals by resident
				in placement and by type of day.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-15 - Ratesetting for Providers of Services to Foster Children - Qualified Residential Treatment Programs › Section 75-03-15-04 - Payment rate

Current through Supplement No. 393, July, 2024
1. The department
				shall determine the payment rates. Payment rates are developed in three parts:
a. A base rate;
b. Difficulty of care rate; and
c. Performance-based contracting
				options.