reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-02 - Application - Effect of license

Current through Supplement No. 393, July, 2024
1. An
				application may not be approved for a supervised independent living program
				license until the department has reviewed the need for additional supervised
				independent living programs. To enable the department to determine the need for
				a new supervised independent living program, the applicant shall submit an
				initial 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 descriptions;
c. A description of the proposed
				program;
d. A proposed budget;
				and
e. The geographic location of
				the supervised independent living program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-03 - Denial or revocation

Current through Supplement No. 393, July, 2024
1. After written
				notice to the applicant or licensee, the department may deny, suspend, or
				revoke a supervised independent living program application or license upon
				finding the applicant or agency:
a. Is not in
				compliance with all licensure requirements; or
b. Has made a material misrepresentation to
				the department regarding its operations.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-04 - Correction orders

Current through Supplement No. 393, July, 2024
1. The department
				may require immediate correction of a violation that threatens the life or
				safety of a client in the licensed supervised independent living
				program.
2. All time periods under
				this section commence on the third day after the department mails notice of the
				correction order to the agency.
3.
				Upon written request by the agency and upon showing need for an extension
				created by circumstances beyond the control of the agency and that the agency
				has diligently pursued correction of the violation, the department may grant
				extensions of time to correct violations.
4. The department may inform the public of an
				agency correction order status.
General Authority:
NDCC 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-04.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-05 - Agency program closure

Current through Supplement No. 393, July, 2024
The agency shall have a policy to ensure proper and efficient
				  procedure in the event a supervised independent living program closes. Prior to
				  closing, the agency program administrator shall provide at least a sixty-day
				  written notice to the department:
1.
				Detailing a plan for closure, including:
a.
				Date of closure;
b. Plan to notify
				clients and placement and care agency, when applicable;
c. Identification of a North Dakota
				depository to maintain the agency case, fiscal, and employee and nonemployee
				records; and
d. Retention of all
				fiscal records for a period of seven years following account
				settlement.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-06 - Governance and administration

Current through Supplement No. 393, July, 2024
1. The
				agency shall have a governing body that is responsible for the policies,
				activities, practice, and overall operations of the agency. The governing body
				shall:
a. Be composed of at least five
				members. A list of the names and contact information of members of the
				governing body must be maintained and submitted to the department annually.
				Each board member shall annually disclose conflicts of interest. Members of the
				board may not be family or have conflicts of interest with agency
				administration or employees with budget or accounting duties;
b. Meet at least every six months;
c. Maintain records of the governing body's
				meetings;
d. Develop and review
				policies for member selection and rotation;
e. Ensure each board member understands the
				agency operation and program goals;
f. Ensure the agency is funded, housed,
				staffed, and equipped in a manner required for the provision of
				services;
g. Approve the agency's
				annual budget of anticipated income and expenditures necessary to provide
				services described in the program's statement of purpose;
h. Provide financial statements and audits to
				the department for reimbursement purposes, upon request;
i. Ensure the agency has an active strategic
				plan with a schedule to review annually;
j. Adopt a written statement of the purpose
				and philosophy of the agency;
k.
				Adopt written policies for the agency regarding administration, personnel, and
				program services. Personnel policies for the recruitment and retention of
				employees necessary to operate the agency must indicate expectations of
				employees and nonemployees, detail job descriptions for each position, and
				ensure a process to review policies and procedures with employee participation
				at least every five years; and
l.
				Ensure developed policies for agency operations are in compliance with law,
				administrative rules, and policy as defined by the department.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-07 - Financial structure

Current through Supplement No. 393, July, 2024
1. For purposes of
				initial licensure, the applicant shall demonstrate the applicant has sufficient
				income to operate the applicant's program of services and, upon relicensure,
				the agency shall demonstrate ongoing financial stability.
2. The agency shall prepare an annual budget
				based on the assessment of agency program priorities and appraisal of
				anticipated funding, including reimbursement for services. The agency shall
				submit a copy of its budget to the department with a cost breakdown of budget
				items utilized to determine fees for services.
3. The agency shall maintain liability
				insurance as protection for its governing body, employees, nonemployees,
				clients, funds, and property. The agency shall review the liability insurance
				annually to assure adequate agency coverage.
4. The supervised independent living program
				ratesetting must be negotiated with the department for clients who meet the
				continued foster care services criteria. Ratesetting may include the review of
				program costs and client outcomes.
General Authority:
NDCC 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-08 - Disaster plan

Current through Supplement No. 393, July, 2024
The agency shall have a written disaster plan to accommodate
				  emergencies. The disaster plan must allow the department and placement and care
				  agency to identify, locate, and ensure continuity of services to clients who
				  are displaced or adversely affected by a disaster. The agency shall ensure the
				  disaster plan specifies:
1. Agency
				responsibilities and contact information;
2. Primary and alternate plans for evacuation
				specific to the setting, including transportation, relocation, and evacuation
				of injured individuals;
3.
				Supervision and followup with clients after evacuation or relocation;
4. Where clients and if applicable, employees
				or nonemployees, would go in an evacuation, including one location in the
				nearby area and one location out of the area;
5. The process the agency must use to inform
				the clients, department, and placement and care agencies of clients who are
				displaced or adversely affected by a disaster;
6. Employee training on the disaster plan
				that details the procedures for meeting disaster emergencies. The review of the
				disaster plan must occur with employees on an annual basis to ensure it is
				current, accurate, and employees understand their role; and
7. Client training on the disaster plan
				ensuring awareness of all emergency and evacuation procedures upon acceptance
				to the program and approved supervised independent living setting. These
				procedures must be reviewed at time of placement and every six months
				thereafter.
General Authority:
NDCC 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-09 - Confidentiality

Current through Supplement No. 393, July, 2024
1. Except as
				otherwise provided in this section, agency records concerning clients that have
				received, are receiving, or seek to receive supervised independent living
				programming must be safeguarded. The agency shall ensure the safety of client
				records against loss, theft, defacement, tampering, or use by unauthorized
				persons. Any documents containing identifying information regarding the client
				must be locked when unattended by an employee or nonemployee.
2. The agency may not make public or
				otherwise disclose by electronic, print, or other media for fundraising,
				publicity, or illustrative purposes, any image or identifying information
				concerning any client or member of the client's family without first securing
				the written consent of the appropriate parties.
3. Client consent is not required to release
				confidential information if situations where the safety of the client or other
				individuals are at risk, child abuse or neglect is suspected.
4. The agency shall have policy in place to
				ensure all clients served have a responsibility for keeping confidentiality of
				other clients in the program. This includes not confirming or denying another
				client's participation in the program to outside persons or agencies via
				telephone, face-to-face, social media, electronic communications, or written
				requests.
5. The agency shall have
				written policies regarding retention of client records and supervised
				independent living program personnel files.
6. The agency shall disclose its records to
				the department as requested.
General Authority:
NDCC 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-10 - Quality assurance

Current through Supplement No. 393, July, 2024
A supervised independent living program shall have a
				  performance and quality assurance plan that advances efficient, effective
				  service delivery, management practices, and the achievement of goals and
				  outcomes.
1. An agency quality
				assurance plan must include agency performance and client outcomes which
				identify measures of the following client outcomes:
a. Employment;
b. Education;
c. Permanent connections;
d. Health insurance coverage;
e. Reduction of illegal or high-risk
				behaviors;
f. Reduction of
				unplanned parenting; and
g.
				Reduction of homelessness.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-11 - Employee qualifications

Current through Supplement No. 393, July, 2024
1. The
				agency shall employ supervised independent living program employees with
				sufficient qualifications to enable the supervised independent living program
				employees to perform the agency's fiscal, clerical, and maintenance functions
				associated with operating the program.
2. The supervised independent living program
				shall comply with the following minimum employee-to-client ratio requirements:
a. No fewer than one part-time program
				administrator for a supervised independent living program serving less than
				thirty clients or a full-time program administrator for a program serving
				thirty or more clients; and
b. No
				fewer than one supervised independent living program transition coordinator for
				each fifteen clients.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-12 - Program administrator

Current through Supplement No. 393, July, 2024
The agency shall designate a program administrator to oversee
				  the agency's supervised independent living program.
1. The agency clearly shall define, in
				writing, the responsibilities of the program administrator. At a minimum, the
				program administrator's responsibilities shall include:
a. Planning and coordinating the development
				of policies and procedures governing the supervised independent living
				program;
b. Ensuring the governing
				body is kept informed of matters affecting the supervised independent living
				program's finances, operation, and provision of services;
c. Ensuring employment of qualified staff and
				the administration of the supervised independent living program's employee and
				nonemployee policies;
d. Ensuring
				the supervised independent living program and its services are made known to
				the community;
e. Maintaining the
				policies and procedures required by this chapter in written form;
f. Maintaining a current organizational chart
				representing program authority; and
g. Supervising, evaluating, and monitoring
				the work progress of the program employees and nonemployees.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-13 - Transition coordinator

Current through Supplement No. 393, July, 2024
1. The agency
				clearly shall define, in writing, the responsibilities of the supervised
				independent living program transition coordinator. At a minimum,
				responsibilities must include:
a. Performance
				of intake services;
b. Provide
				client case management and coordination of services;
c. Referral of resources to assist
				clients;
d. Overall management of
				the client's transition plan;
e.
				Documentation of ongoing communications and case activity for each
				client;
f. Competencies necessary
				to implement an individualized transition care plan for each client;
				and
g. Competencies to provide
				group services, if applicable to the program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-14 - Nonemployees

Current through Supplement No. 393, July, 2024
An agency that utilizes nonemployees who regularly work
				  directly with clients shall:
1.
				Require nonemployees be at least two years older than the client;
2. Require each nonemployee to successfully
				complete a fingerprint-based criminal background check and a child abuse and
				neglect index check; and
3. Detail
				policy and procedure specific to nonemployees, including:
a. Description of duties and specify
				responsibilities for nonemployee positions;
b. Checking personal references before
				placement as a nonemployee;
c.
				Designating an employee to supervise and evaluate nonemployees;
d. An orientation plan that includes
				education on the legal requirements for confidentiality, training in the
				philosophy of the agency, and the needs of clients served by the supervised
				independent living program; and
e.
				A plan for required trainings.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-15 - Professional development

Current through Supplement No. 393, July, 2024
1. The agency shall
				ensure employees receive training, as applicable to their position, and in
				current program and service delivery specific to transition to adulthood. All
				employees in contact with clients must receive at least fifteen hours of
				training per year with evidence of completion in the employee personnel
				file.
2. Prior to a new employee
				working independently with clients, the agency shall provide orientation
				training to the employee covering the following areas, with evidence of
				completion present in the employee personnel file:
a. Overall agency philosophy and program
				goals;
b. Review of administrative
				procedures, policy, and protocols;
c. Review of personnel policies;
d. Review of programs and services, policy,
				and protocols;
e. Nature of
				clients' emotional and physical needs;
f. Expected employee conduct toward clients
				and expected client conduct;
g.
				Overview of trauma and trauma informed transition into adulthood;
h. Review protocol for incident
				reporting;
i. Review client rights
				and grievance procedures;
j.
				Identification and reporting of child abuse and neglect;
k. Review suicide prevention, including signs
				and agency response measures;
l.
				Review disaster planning;
m. Review
				confidentiality standards;
n.
				Review procedures for reporting a runaway or missing individual;
o. Emergency medical procedures;
p. Review procedures for client searches, if
				applicable for the setting; and
q.
				Review child abuse and neglect mandated reporter policy and offer training.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-16 - Personnel files

Current through Supplement No. 393, July, 2024
1. The agency shall
				maintain an individual personnel file on each employee. The employee personnel
				file must include:
a. File inventory detailing
				first and last date of employment, reason employment ended, training totals per
				year, and performance evaluation dates due;
b. Application for employment including a
				record of previous employment;
c.
				Copy of the initial fingerprint-based criminal background check;
d. Copy of annual child abuse and neglect
				index findings;
e. Copy of motor
				vehicle operator's license record, if applicable to duties;
f. Copy of other evaluation or background
				checks deemed necessary by the program administrator;
g. Verification of any required license or
				qualification for the position or tasks assigned to the employee;
h. Evidence of the employee having read and
				received a copy of the law and agency procedures requiring the reporting of
				suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1,
				initially upon hire and annually thereafter;
i. Job description specifying the employee
				roles and responsibilities;
j.
				Annual performance evaluations; and
k. Professional development training records
				consisting of name of presenter, date of presentation, topic of presentation,
				and length of presentation.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-17

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-06.8
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-19 - Child abuse and neglect reporting

Current through Supplement No. 393, July, 2024
1. Upon
				hire and annually thereafter, all agency employees and nonemployees shall
				certify having read the law requiring the reporting of suspected child abuse
				and neglect, North Dakota Century Code chapter 50-25.1, and having read and
				received a copy of the agency's written child abuse and neglect
				procedures.
2. Each agency offering
				supervised independent living programming to clients with the client's own
				children, shall adopt written policies and procedures requiring employees and
				nonemployees to report cases of suspected child abuse or neglect. The
				procedures must include the following statement: "All agency employees and
				nonemployees shall comply with North Dakota Century Code Chapter 50-25.1, child
				abuse and neglect. Therefore, it is the policy of this agency that if any
				employee or nonemployee who knows or reasonably suspects that a child of a
				client whose health or welfare has been, or appears to have been, harmed as a
				result of abuse or neglect, that employee or nonemployee shall immediately
				report this information to the department. Failure to report this information
				in the prescribed manner constitutes grounds for dismissal from employment or
				placement of nonemployee and referral of the employee or nonemployee to the
				office of the state's attorney for investigation of possible criminal
				violation."
3. The agency's
				policies and procedures must describe:
a. To
				whom a report is made;
b. When a
				report must be made;
c. The
				contents of the report;
d. The
				responsibility of each individual in the reporting chain;
e. The status and discipline of an employee
				or nonemployee who fails to report suspected child abuse or neglect;
				and
f. The status of the employee
				or nonemployee while the report is being assessed; if they are the subject of
				the report.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-20 - Supervised independent living setting

Current through Supplement No. 393, July, 2024
1.
				An agency licensed to provide supervised independent living programming may
				engage in service delivery based on different housing options, referenced as a
				supervised independent living setting. The agency is not required to offer each
				setting and shall specify during application and in policy which setting the
				agency shall provide. The agency shall have defined criteria and policy
				specific to clients eligible for each setting. The agency may own, lease, or
				contract with another person to provide a setting. Setting may include:
a. Individual apartment: an individual suite
				or shared apartment unit located within a building housing one or multiple
				indiciduals, each with adequate bedroom and bathroom space, living space, and
				kitchen facilities. This setting may include onsite program
				management.
b. Shared housing: a
				single-family residence serving clients living cooperatively as an unrelated
				family in a house each with a private bedroom. If a client has a child of their
				own, the shared housing accommodations must meet the needs of all individuals
				residing in the home. This setting may include onsite program
				management.
c. College dorm room: a
				room in a building provided by a college or university containing several
				private or semiprivate bedrooms for housing a number of individuals in a
				setting whose inhabitants are in school. This includes dorms on- or off-campus
				and may include onsite program management.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-21 - Client eligibility

Current through Supplement No. 393, July, 2024
The supervised independent living program may be made
				  available for a variety of clients in need of transition services. The agency
				  shall detail in policy, clients eligible for program acceptance and the
				  expectations of a client's ability to live independently with minimal
				  supervision. Clients eligible for acceptance into the program include:
1. Clients currently under the custody of a
				public agency; or
2. Clients
				currently in the placement and care of a public agency, actively participating
				in continued foster care services; and
3. Clients in need of supervised independent
				living programming.
General Authority:
NDCC 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-22 - Program acceptance

Current through Supplement No. 393, July, 2024
Agencies licensed to provide supervised independent living
				  programming shall define in writing policy and procedures specific to
				  acceptance of a client into the program. The agency shall have written policies
				  that describe the program and services offered, range of client characteristics
				  the agency shall accept, and procedures for placement into a supervised
				  independent living setting. The supervised independent living program policy
				  must indicate the agency shall provide services to a client referred to the
				  program without discrimination.
1.
				Application. The agency shall have written policy regarding the application
				required, including prospective client information, placement settings options,
				and financial agreements with the applicant or referral source.
2. Program acceptance committee. The agency
				shall have policy detailing employees on the committee, how often the committee
				meets, and the timeliness the committee has in responding to referrals. Before
				a prospective client is accepted for supervised independent living programming,
				the committee shall evaluate the needs of the prospective client using
				information and procedures described in policy and determine whether the agency
				can meet the identified needs of the prospective client.
3. Acceptance determination. The program
				acceptance committee shall complete a written, dated, and signed determination
				on a prospective client which includes review and identification of the
				prospective client's primary presenting needs. The committee shall:
a. Provide a written statement recommending
				reasons for or against program acceptance based on the ability of the agency to
				meet the prospective client's needs.
b. Provide the determination and decision
				within fourteen working days of receipt of the completed application;
				and
c. If denied, ensure a process
				for assisting the applicant or referral source in obtaining services from other
				agencies when the supervised independent living program is not appropriate to
				the applicant's needs.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-23 - Program and services

Current through Supplement No. 393, July, 2024
1. The agency shall
				adopt written program policy that must include:
a. A description of the agency's plan for the
				provision of services required in this chapter, as well as assessment and
				evaluation procedures to be used in program planning and service
				delivery;
b. A description of the
				services provided by the agency, clearly stating which services are provided
				directly by the agency and which services are to be provided in collaboration
				with the placement and care agency, if the client is in public custody, or
				other agencies and informal supports determined appropriate for the transition
				plan;
c. The purpose or mission of
				the agency;
d. Characteristics and
				eligibility requirements of individuals appropriate for referral to the
				agency;
e. A list of information
				that is required to be submitted with the referral;
f. A description of how the agency engages in
				the child and family team meeting structure facilitated by the placement and
				care agency for a client in foster care;
g. A description of how the agency provides
				services for a client to accommodate needs, either directly or through
				cooperative arrangements with other agencies and informal supports;
h. A description of how the agency
				participates in preparing clients to develop the skills required to transition
				into adulthood, achieve outcomes, and live independently;
i. A description of how the agency
				demonstrates that the program is guided by the best interests of the clients in
				all matters relating to services; and
j. A description of how family or other adult
				connections shall be maintained.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-24 - Transition plan

Current through Supplement No. 393, July, 2024
The agency shall adopt a written policy that ensures the
				  agency shall develop a written transition plan for each client, to aid in the
				  client's personal transition to adulthood and independence.
1. The client's transition plan must be:
a. Developed within thirty days of acceptance
				to the program;
b. Developed and
				reviewed with appropriate participation and informed consent of the client and
				placement and care agency, if applicable; and
c. Developed in collaboration with the client
				and the transition coordinator and if applicable, the child and family team
				meeting participants on a quarterly basis.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-25

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-26 - Client file

Current through Supplement No. 393, July, 2024
Upon acceptance to the supervised independent living program,
				  a client's case file is confidential and must be protected from unauthorized
				  examination unless permitted or required by law or regulation. The agency shall
				  adopt a policy regarding the retention of client files.
1. The client file must include:
a. A file inventory with dates of acceptance
				into the program, referral agency, and emergency contact information;
b. The client's full name, date of birth, and
				other identifying information;
c. A
				photo of the client;
d. Signed care
				program acceptance agreement, including financial responsibility and
				expectations of all parties. The agreement must indicate a clear division of
				responsibility between the agency, client, and the placement and care agency,
				if applicable;
e. A current court
				order establishing the authority granted to the placement and care
				agency;
f. A copy of the continued
				foster care agreement signed by all parties;
g. A copy of the outcomes survey;
h. A copy of the transition plan prepared by
				the agency and client;
i.
				Transition plan progress reports, no less than quarterly;
j. Ongoing documentation and case activity
				logs of face-to-face contact, electronic mails, and texts with clients;
k. All incident or sentinel event
				reports involving the client; and
I. A copy of client
				rights.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-27 - Incident and sentinel event reporting

Current through Supplement No. 393, July, 2024
A client served by the agency also in foster care shall have
				  all incident and sentinel events reported to the placement and care agency. The
				  agency shall report sentinel events to the regional office of the
				  department.
1. The agency shall have
				written policy outlining the critical incident and sentinel event reporting for
				all clients.
a. An incident is an unplanned
				occurrence that resulted or could have resulted in injury to people or damage
				to property, specifically involving the general public, clients in supervised
				independent living setting, or agency employees and nonemployees. An incident
				also can involve issues such as harassment, violence, and discrimination.
b. A sentinel event is an
				unexpected occurrence involving death or serious physical or psychological
				injury that is not related to the natural course of a client's illness or
				underlying condition, including any process variation for which a recurrence
				would carry a significant chance of a serious adverse outcome including
				inappropriate sexual contact.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-28 - 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 client accepted in the supervised independent living program and
				  no variance may be granted except at the discretion of the department. An
				  agency 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 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-42 - Authorized Electronic Monitoring › Section 75-03-42-01 - 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 50-10.2-01. In addition, as used in this
				  chapter, unless the context or subject matter otherwise requires, "roommate"
				  means a resident occupying the same room as the resident requesting to install
				  and use an authorized electronic monitoring device.
General Authority:
NDCC 50-10.1-03,
					 50-10.2-02.1, 50-10.2-03
Law Implemented:
NDCC 50-10.2-02.1,
					 50-10.2-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-42 - Authorized Electronic Monitoring › Section 75-03-42-02 - Determination of capacity to consent

Current through Supplement No. 393, July, 2024
1. A
				resident is presumed to have the capacity to consent to authorized electronic
				monitoring if the resident understands and appreciates the nature and
				consequences of the decision to consent to authorized electronic monitoring,
				including the benefits and risks of the decision. If a resident has capacity to
				consent, only the resident may consent to authorized electronic monitoring in
				the resident's room.
2. A
				resident's lack of capacity to consent to authorized electronic monitoring must
				be documented in writing by the resident's attending physician or by a court
				order pursuant to North Dakota Century Code chapter 30.1-28. If the resident is
				not under a guardianship, the attending physician also shall document in
				writing if the resident regains the capacity to consent to authorized
				electronic monitoring.
3. If a
				resident is determined to lack capacity to consent to authorized electronic
				monitoring, the resident representative may consent to authorized electronic
				monitoring and complete the required forms.
4. The resident representative shall make the
				decision of whether to consent to authorized electronic monitoring in the
				resident's room in accordance with the resident's wishes, values, preferences,
				and directions.
5. If a facility
				has reason to believe a resident representative is making decisions or taking
				actions that are not in the best interests of a resident regarding the use of
				authorized electronic monitoring, the facility shall report this concern in the
				manner required to the department or the department's designee.
General Authority:
NDCC 50-10.1-03,
					 50-10.2-02.1, 50-10.2-03
Law Implemented:
NDCC 50-10.2-02.1,
					 50-10.2-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-42 - Authorized Electronic Monitoring › Section 75-03-42-03 - Documentation

Current through Supplement No. 393, July, 2024
1. The forms and information relating to
				authorized electronic monitoring must be provided by the facility upon request
				in a language, form, and manner residents, resident representatives, and
				visitors can access and understand.
2. At the request of the resident or the
				resident representative, the facility shall provide a copy of the facility's
				standards and regulations regarding the installation, use, maintenance,
				disabling, and removal of the authorized electronic monitoring device to the
				resident or resident representative.
3. Before the use of authorized electronic
				monitoring or the installation of an authorized electronic monitoring device,
				the resident or resident representative shall submit the following
				documentation to the facility:
a. A written
				notice to the facility of the intent to place and use an authorized electronic
				monitoring device, including an installation plan that complies with the
				facility's standards and regulations.
b. A statement that the facility is not
				civilly or criminally liable for a violation of any resident's right to privacy
				arising from authorized electronic monitoring.
c. A written consent form for placement and
				use of an authorized electronic monitoring device signed by the existing or
				proposed roommate or roommate's resident representative. The form must:
(1) Allow the roommate or roommate's resident
				representative to specify any conditions or restrictions the roommate or
				roommate's resident representative may elect to place on the device's time of
				operation, direction, and focus, including verifying the viewing area captured
				by the camera, prohibiting audio, and turning off the authorized electronic
				monitoring device during certain times when total privacy is wanted.
(2) State the roommate or roommate's resident
				representative has the right to withdraw consent at any time in writing and
				have the device disabled in compliance with the facility's standards and
				regulations after receipt of the written withdrawal.
(3) State the facility may not be held
				civilly or criminally liable for a violation of the roommate's right to privacy
				arising out of authorized electronic monitoring conducted by the resident or
				the resident representative.
d. An authorization signed by the existing or
				proposed roommate or roommate's resident representative for the disclosure of
				protected health information in compliance with title 45, Code of Federal
				Regulation, parts 160 and 164.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-42 - Authorized Electronic Monitoring › Section 75-03-42-04 - Signs

Current through Supplement No. 393, July, 2024
A facility shall clearly and conspicuously post a sign where
				  authorized electronic monitoring is being conducted to alert and inform other
				  residents, staff, and visitors to the facility. The sign must be provided in a
				  language, form, and manner residents, staff, and visitors can access and
				  understand.
General Authority:
NDCC 50-10.1-03,
					 50-10.2-02.1, 50-10.2-03
Law Implemented:
NDCC 50-10.2-02.1,
					 50-10.2-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-42 - Authorized Electronic Monitoring › Section 75-03-42-05 - Use of internet and responsibilities

Current through Supplement No. 393, July, 2024
1. The resident or resident representative shall select the
				  type of monitoring device that will be used in the resident's room, accounting
				  for any restrictions imposed by the roommate or roommate's resident
				  representative. If the resident or resident representative chooses to install a
				  monitoring device that uses internet technology, the monitoring device must
				  have at least one hundred twenty-eight-bit encryption and enable a secure
				  socket layer.
2. The resident or resident representative is responsible to
				  contract with an internet provider if that is needed to operate the authorized
				  electronic monitoring device and shall comply with facility's standards and
				  regulations. The facility is not required to allow internet access through
				  facility or corporate networks that maintain confidential patient, medical,
				  financial, or personnel records.
General Authority:
NDCC 50-10.1-03,
					 50-10.2-02.1, 50-10.2-03
Law Implemented:
NDCC 50-10.2-02.1,
					 50-10.2-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-01 - Definitions

Current through Supplement No. 393, July, 2024
For the purposes of this chapter:
1. "Certified peer support specialist I"
				means a peer support specialist who has been approved by the division as
				certified in North Dakota as a certified peer support specialist I.
2. "Certified peer support specialist II"
				means a peer support specialist who has been approved by the division as
				certified in North Dakota as a certified peer support specialist II.
3. "Department" means the North Dakota
				department of human services.
4.
				"Division" means the behavioral health division.
5. "Peer support specialist" means an
				individual who uses the individual's lived experience and skills learned
				through formal training to deliver services to promote mind-body recovery and
				resiliency.
6. "Recovery" means a
				process of change through which individuals improve the individual's health and
				wellness, live self-directed lives, and strive to reach the individual's
				potential.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-41.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-02 - Eligibility

Current through Supplement No. 393, July, 2024
1. An applicant shall meet the following
				criteria to be eligible to become a certified peer support specialist I:
a. Self-identify as an individual who has
				personal lived experience and is willing to publicly identify as an individual
				in recovery from a mental health disorder, substance use disorder, traumatic
				brain injury, or any combination thereof; or a family member who has personal
				lived experience with an individual with a mental health disorder, substance
				use disorder, traumatic brain injury, or any combination thereof;
b. At least eighteen years of age;
c. Currently resides or is employed within
				the state;
d. Have a high school
				diploma, general equivalency diploma, or can demonstrate the ability to read
				and write at a level proficient for training, documentation, and the type of
				work peer support will require; and
e. Successfully complete a division-approved
				peer support training program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-03 - Application for certification of certified peer support specialist I

Current through Supplement No. 393, July, 2024
1. An applicant shall submit a signed
				application for certification and all required information and documentation
				for certification in the form and manner prescribed by the division, along
				with:
a. Proof of successful completion of
				division-approved peer support training;
b. Three letters of recommendation:
(1) One personal recommendation;
(2) One professional recommendation;
				and
(3) One recommendation that
				demonstrates the applicant's commitment to the applicant's or family member's
				recovery process;
c. A
				personal statement that must detail how the applicant will use the individual's
				lived experience to benefit others through a peer relationship; and
(1) The applicant's commitment to the
				recovery process, including information establishing a continued recovery for a
				year or longer; or
(2) The
				applicant's commitment to the individual's family member's recovery process,
				including information establishing a period of recovery support for a year or
				longer;
d. A signed North
				Dakota certified peer support specialist code of ethics;
e. A nonrefundable application fee of fifty
				dollars; and
f. The requirements of
				section 75-03-43-02.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-04 - Application for certification of certified peer support specialist II

Current through Supplement No. 393, July, 2024
1. An applicant shall submit a signed
				application for certification and all required information and documentation
				for certification in the form and manner prescribed by the division, along
				with:
a. Proof of successful completion of
				division-approved peer support supervision training;
b. Two letters of recommendation:
(1) One personal recommendation;
				and
(2) One professional
				recommendation;
c. A
				personal statement that must detail how the applicant will provide direction,
				develop competence, skills, and ethical expertise in a collaborative manner
				with certified peer support specialists I;
d. A nonrefundable application fee of fifty
				dollars; and
e. The requirements of
				section 75-03-43-02.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-05 - Certification

Current through Supplement No. 393, July, 2024
1. Certifications are effective when approved
				by the division and the certificate has been issued to the certified peer
				support specialist I or II.
2.
				Certificates are effective for a period of two years.
3. Certificates expire at midnight of the
				expiration date provided on the certification.
4. A certified peer support specialist I or
				II shall inform the division of any changes in personal information within
				sixty days.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-41.1