reglab/statecodes huggingface dataset:
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 75-03-15-05 - Cost allocation

Current through Supplement No. 393, July, 2024
Cost allocation methods described in this section must be
				  used.
1. Salaries that cannot be
				reported based on direct costs are to be allocated using time studies. Time
				studies must be preapproved by the department and must be conducted at least
				semiannually for a two-week period or quarterly for a one-week period. The time
				study must represent a typical period of time when employees are performing
				normal work activities in each assigned area of responsibility. Allocation
				percentages based on the time studies are to be used starting with the next pay
				period following completion of the time study or averaged for the report year.
				The methodology used by the facility may not be changed without approval by the
				department.
2. Housekeeping costs
				must be allocated based on usable square footage.
3. Property and facility costs must be
				allocated based on usable square footage.
4. Administration costs must be allocated on
				the basis of percentage of the total direct cost of the activity to the total
				costs, excluding administration.
5.
				Fringe benefits must be allocated based on the ratio of salaries to total
				salaries.
6. Dietary costs and food
				must be allocated based on meals served.
7. Vehicle expenses must be allocated based
				on mileage logs. Mileage logs must include documentation for miles driven and
				the purpose of travel. If sufficient documentation is not available to
				determine to which cost category vehicle expenses are to be allocated, vehicle
				expenses must be assigned to administration.
8. Costs not direct costed, or allocable
				using methods identified in subsections 1 through 7, must be included as
				administration costs.
General Authority
: NDCC 50-06-16,
					 50-11-03
Law Implemented
: NDCC 50-06-05.1,
					 50-11-03.2
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 75-03-15-06

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-06-16,
					 50-11-03
Law Implemented:
NDCC
					 50-06-05.1,
					 50-11-03.2
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 75-03-15-07 - Allowable costs

Current through Supplement No. 393, July, 2024
1.
Maintenance rate.
Rates include allowable costs described in this
				subsection.
a. Salary and fringe benefits for
				direct care employees, which must be limited to:
(1) The direct care supervisors;
(2) Direct care employees;
(3) Family engagement specialists performing
				aftercare services;
(4)
				Cooks;
(5) Janitors and
				housekeepers;
(6) Laundry;
				and
(7) Nurses when performing
				daily supervision, physical examinations, and medical care treatment for
				residents. If the nurse is providing other services within the facility, a time
				study will need to be completed. The portion that is daily supervision,
				resident physical examinations, and medical care treatment may be included in
				the calculation of the daily rate for maintenance.
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 75-03-15-08

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-06-16,
					 50-11-03
Law Implemented:
NDCC
					 50-06-05.1,
					 50-11-03.2
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 75-03-15-09

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-06-16,
					 50-11-03
Law Implemented:
NDCC
					 50-06-05.1,
					 50-11-03.2
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 75-03-15-11 - Related organization

Current through Supplement No. 393, July, 2024
1. Costs
				applicable to services, facilities, and supplies furnished to a facility by a
				related organization may not exceed the lower of the costs to the related
				organization or the price of comparable services, facilities, or supplies
				purchased elsewhere primarily in the local market. The facility shall identify
				such related organizations and costs, and shall submit allocations with the
				requested financial record.
2. A
				facility may lease buildings or equipment from a related organization. In that
				case, the rent or lease expense paid to the lessor is allowable in an amount
				not to exceed the actual costs associated with the asset if the rental of the
				buildings or equipment is necessary to provide programs and services to
				residents. The actual costs associated with the asset are limited to
				depreciation, real estate taxes, property insurance, and plant operation
				expenses incurred by the lessor.
General Authority
: NDCC 50-06-16,
					 50-11-03
Law Implemented
: NDCC 50-06-05.1,
					 50-11-03.2
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 75-03-15-12 - Home office costs

Current through Supplement No. 393, July, 2024
1. Home
				offices of chain organizations vary greatly in size, number of locations,
				employees, mode of operations, and services furnished to member facilities.
				Although the home office of a chain is normally not a facility in itself, the
				home office may furnish to the individual facility central administration or
				other services, including centralized accounting, purchasing, employees, or
				management services. Only the home office's actual costs of providing these
				services are includable in the facility's allowable costs under the
				program.
2. Costs that are not
				allowed in the facility may not be allowed as home office costs that are
				allocated to the facility.
3. Any
				service provided by the home office which is included in costs as payments by
				the facility to an outside vendor or which duplicates costs for services
				provided by the facility is considered a duplication of costs and is not
				allowed.
4. If a home office makes
				a loan to or borrows money from one of the components of its chain
				organization, the interest paid is not an allowable cost and interest income is
				not used to offset interest expense.
General Authority:
NDCC
					 50-06-16,
					 50-11-03
Law Implemented:
NDCC
					 50-06-05.1,
					 50-11-03.2
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 75-03-15-12.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-06-16,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-03.2
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 75-03-15-13 - Taxes

Current through Supplement No. 393, July, 2024
1. Taxes assessed against the facility in
				accordance with the levying enactments of several states and lower levels of
				government and for which the facility is liable for payment are allowable
				costs.
2. Whenever exemptions to
				taxes are legally available, the facility shall take advantage of exemptions.
				If the facility does not take advantage of available exemptions, the expense
				incurred for taxes may not be recognized as an allowable cost under the
				program.
3. Special assessments in
				excess of one thousand dollars, which are paid in a lump sum, must be
				capitalized and depreciated. Special assessments not paid in a lump sum may be
				expensed as billed by the taxing authority.
General Authority
: NDCC 50-06-16,
					 50-11-03
Law Implemented
: NDCC 50-06-05.1,
					 50-11-03.2
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 75-03-15-13.1 - Depreciation

Current through Supplement No. 393, July, 2024
1.
General principles.
Ratesetting principles require that payment for services must include
				depreciation on all depreciable type assets that are used to provide necessary
				services. This includes assets that may have been fully or partially
				depreciated on the books of the facility, but are in use at the time the
				facility enters the program. If any depreciated personal property asset is sold
				or disposed of for an amount different than its undepreciated value, the
				difference represents an incorrect allocation of the cost of the asset to the
				facility and the facility shall include it as a gain or loss on the requested
				financial record.
2.
Depreciation methods.
a. A
				facility shall use the straight-line method of depreciation. All accelerated
				methods of depreciation, including depreciation options made available for
				income tax purposes, such as those offered under the asset depreciation range
				system, are unacceptable. The facility shall apply the method and procedure for
				computing depreciation on a basis consistent from year to year, and shall
				maintain detailed schedules of individual assets. If the books of account
				reflect depreciation different from that submitted on the requested financial
				records, the facility shall prepare a reconciliation.
b. A facility shall use a composite useful
				life of ten years for all equipment and land improvements and four years for
				vehicles. A facility shall depreciate buildings and improvements to buildings
				over the length of the mortgage or a minimum of twenty-five years, whichever is
				greater.
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 75-03-15-14 - Cost allowability and limitations

Current through Supplement No. 393, July, 2024
Any questions regarding cost allowability and limitations are
				  governed by title IV-E of the Social Security Act [
				  42 U.S.C.
				  670 et seq.] and 45 CFR part 74, unless
				  further limited by this chapter. The department sets rates under this chapter
				  for not-for-profit organizations only and purchases facility services for
				  children in foster care only from facilities in North Dakota for which rates
				  have been set under this chapter.
General Authority:
NDCC
					 50-06-16,
					 50-11-03
Law Implemented:
NDCC
					 50-06-05.1,
					 50-11-03.2
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 75-03-15-15 - Variance

Current through Supplement No. 393, July, 2024
1. Upon written application, and good cause
				shown to the satisfaction of the department, the department may grant a
				variance from the provisions of this chapter upon terms the department may
				prescribe, except no variance may permit or authorize a danger to the health or
				safety of residents and no variance may be granted except at the discretion of
				the department.
2. A facility may
				request excess maintenance cost variance specific to a resident need beyond the
				difficulty of care rate upon terms the department may prescribe. No variance
				may be granted except at the discretion of the department.
3. A refusal to grant a variance is not
				subject to a request for review or an appeal.
General Authority
: NDCC 50-06-16,
					 50-11-03
Law Implemented
: NDCC 50-06-05.1,
					 50-11-03.2
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 75-03-15-16 - Review and appeals

Current through Supplement No. 393, July, 2024
1.
Review.
a. A facility may request
				a review of denial of payment by filing a written request for review with the
				department within thirty days of the date of the department's denial of
				payment. The written request for review must include the notice and a statement
				of each disputed item with the reason or basis for the dispute. A facility may
				not request review for a full or partial denial, recoupment, or adjustment of a
				claim due to required federal or state changes, payment system defects, or
				improper claims submission or of the rate paid for a particular service or
				difficulty of care rate.
b. Within
				thirty days after requesting a review, a facility shall provide to the
				department all documents, written statements, exhibits, and other written
				information that support the facility's request for review, together with a
				computation and the dollar amount that reflects the facility's claim as to the
				correct computation and dollar amount for each disputed item.
c. The department shall make and issue a
				decision within seventy-five days, or as soon thereafter as possible, of
				receipt of notice of request for review.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-16 › Section 75-03-16-02.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-11-03
Law Implemented:
NDCC
					 50-11-01,
					 50-11-02,
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-16 › Section 75-03-16-15

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-11-03
Law Implemented:
NDCC
					 50-11-02,
					 50-25.1-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-16 › Section 75-03-16-27

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-11-03
Law Implemented:
NDCC
					 50-06-15,
					 50-11-02,
					 50-11-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-02 - Procedures for licensing

Current through Supplement No. 393, July, 2024
1.
Application.
An application for license or for renewal as a
				facility must be submitted to the department. The department shall determine
				the suitability of the applicant for licensure under this chapter. The
				application must contain any materials the department may require, including:
a. A comprehensive list and description of
				the program plan which includes:
(1) A plan
				demonstrating compliance with this chapter;
(2) A copy of current accreditation
				certification, accreditation letter, and findings report;
(3) The facility's organizational
				chart;
(4) The treatment modalities
				offered, including milieu therapy, family therapy, psychopharmacology, and
				psychotherapy;
(5) Prohibited
				treatment modalities; and
(6) The
				services provided directly by the facility and those provided by other
				community resources, including special education as required by law and
				contracted services.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-03 - Organization and administration

Current through Supplement No. 393, July, 2024
1.
Governing body.
The applicant
				must have a governing body that designates or assigns responsibility for the
				operation, policies, program, and practice of the facility. The governing body
				shall:
a. Define:
(1) The facility's philosophy;
(2) The facility's purpose;
(3) The facility's function;
(4) The geographical area served by the
				facility;
(5) The ages and types of
				children accepted for care by the facility; and
(6) The clinical disorders addressed by the
				facility's program;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-04 - Admissions

Current through Supplement No. 393, July, 2024
1. A child may be
				admitted to a psychiatric residential treatment facility for children if:
a. The child has been diagnosed by a
				psychiatrist or psychologist as suffering from a mental illness or emotional
				disturbance;
b. The child's
				situation meets the definition of serious risk of harm; and
c. A less restrictive setting cannot meet the
				immediate treatment need.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-05 - Diagnosis and treatment while at the facility

Current through Supplement No. 393, July, 2024
1.
Duties of
				the facility.
The facility shall:
a.
				Provide for a medical, psychiatric, and psychological assessment of each child
				no later than seventy-two hours after admission;
b. Immediately include family and custodians
				in the active treatment;
c. Involve
				the families and the person who may lawfully act on behalf of the child in the
				person-centered treatment plan;
d.
				Provide daily therapy and programming that are individually tailored to meeting
				a child's need and in sufficient volume to resolve immediate inpatient need.
				Therapies must include individual and family components to facilitate rapid
				return of the child to a family setting;
e. Provide ongoing and consistent individual
				therapy utilizing evidence-based models of care for psychiatric residential
				treatment facilities for children. Individual therapy must focus on providing
				the child skills they need to be successful in their home and community;
f. Complete a diagnostic
				assessment, completed by a licensed psychiatrist, no less than seventy-two
				hours after admission that includes:
(1) A
				psychiatric history;
(2) A mental
				status examination, including an assessment of suicide;
(3) Psychosocial, including family history;
				and
(4) Complete set of diagnosis
				and recommendations for immediate treatment; and
g. Ensure therapeutic leave such as weekend
				overnight visits or day passes with family must be documented in the child's
				case file and be tied to family therapy and therapeutic goals of the child and
				family, or it must be documented in the child's case file why weekend overnight
				visits or day passes are not tied to therapy and therapeutic goals of the child
				and family.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-08 - Dental care

Current through Supplement No. 393, July, 2024
Each child shall have an annual dental examination. If a
				  child has not had an examination in the twelve months prior to admission, an
				  examination must be scheduled within ninety days of
				  admission.
General Authority:
NDCC
					 25-03.2-10
Law Implemented:
NDCC
					 25-03.2-03,
					 25-03.2-07
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-09 - General health

Current through Supplement No. 393, July, 2024
1.
Sleep.
Each child must receive enough sleep for the child's age at regular and
				reasonable hours, and under situations conducive to rest.
2.
Personal hygiene.
The
				facility shall educate children on age-appropriate hygiene.
3.
Bathing facilities.
The
				facility shall maintain properly and keep clean toilet facilities.
4.
Personal articles.
The
				facility shall ensure that each child has a toothbrush, comb, and an adequate
				supply of towels, washcloths, and personal toiletry articles.
5.
Daily diet.
The facility
				shall provide food that meets all dietary needs for each child's daily
				nutritional requirements, including special dietary needs, such as food
				allergies and diabetes.
6.
Clothing.
Each child shall have clothing for the child's exclusive
				use. The clothing must be comfortable and appropriate for current weather
				conditions.
7.
Play.
The facility shall provide safe, age-appropriate equipment for indoor
				and outdoor play. The facility shall provide safety instructions on all
				equipment prior to the child participating in the activity.
8.
Services.
The facility shall
				provide education on general health and promote positive healthy activities,
				such as sufficient therapeutic treatment, and educational, recreational, and
				leisure activities.
9.
Spirituality.
The facility shall make a reasonable effort to make
				opportunities available for children to attend spiritual ceremonies within the
				area in which the facility is located, giving reasonable consideration to
				requests by the child or a person with lawful authority to act on behalf of the
				child. The facility shall respect the spiritual beliefs of the child and the
				child's family.
General Authority:
NDCC 25-03.2-10
Law Implemented:
NDCC 25-03.2-03,
					 25-03.2-07
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-10 - Education and training

Current through Supplement No. 393, July, 2024
1.
Public
				education.
Any primary or secondary program offered by a facility must
				be in compliance with standards established by the department of public
				instruction. The facility shall ensure that children comply with all state
				school attendance laws.
2.
Employee training.
The facility shall provide quarterly training
				to employees which is relevant to address the changing needs of the milieu and
				according to the requirements of the facility's accrediting body.
a. All employees on duty must have
				satisfactorily completed annual training on current first aid, therapeutic
				crisis intervention or crisis prevention intervention, suicide awareness and
				prevention training, standard precautions as used by the centers for disease
				control and prevention, training on institutional child abuse and neglect to
				include reporting requirements and prohibition of employer retaliation for
				reporting, and cardiopulmonary resuscitation training and have on file at the
				facility a certificate of satisfactory completion prior to having direct
				contact with residents. A certificate must be provided to each employee
				demonstrating their competencies in cardiopulmonary resuscitation on an annual
				basis and therapeutic crisis intervention on a semi-annual basis. An employee
				who is in orientation status and who is in the process of completing the
				required trainings and background check may be allowed to job shadow with an
				employee who the facility has deemed to be an experienced and competent
				employee to supervise during orientation status. The facility ensures that
				employees who are in orientation status are always under the supervision of
				experienced employees and are not left alone with the children until all
				required training and background check has been completed.
b. Each employee must be able to recognize
				the common symptoms of illnesses of children, signs and symptoms of an
				overdose, and to note any marked physical defects of children. The facility
				shall ensure a sterile clinical thermometer and a complete first-aid kit are
				available.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-11 - Children as employees prohibited

Current through Supplement No. 393, July, 2024
Children may not be solely responsible for any major phase of
				  the facility's operation or maintenance, including cooking, laundering,
				  housekeeping, farming, or repairing.
General Authority:
NDCC
					 25-03.2-10
Law Implemented:
NDCC
					 25-03.2-03,
					 25-03.2-07
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-12 - Discharge

Current through Supplement No. 393, July, 2024
1. Discharge
				planning for each child must begin during the admission process. The facility
				shall develop an evolving discharge plan within seven days of admission that
				identifies the child's and family's needed services and supports upon discharge
				and include the discharge plan in the treatment plan. The facility's
				interdisciplinary team shall review the discharge plan every fourteen days at
				the same time as the treatment plan review. The facility's interdisciplinary
				team shall update or amend the discharge plan to meet the needs of the
				child.
2. Prior to discharge, the
				facility shall complete a discharge plan, coordinate community services
				required for the child to return to the home, and provide information for
				aftercare services with each child's family, school, and community to ensure
				continuity of care. The discharge plan must address and include:
a. Psychiatric, medical, educational,
				psychological, social, behavioral, developmental, and chemical dependency
				treatment needs;
b. The reason for
				discharge;
c. A progress report,
				including an update on the child's psychiatric care and treatment
				recommendations;
d. An assessment
				of community-based service needs for the child and family;
e. A statement that the discharge plan
				recommendations have been reviewed with the child and the person who lawfully
				may act on behalf of the child;
f.
				The name and title of the individual into whose care the child was
				discharged.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-13 - Responsibility for notification - Elopement of children

Current through Supplement No. 393, July, 2024
When a facility confirms that a child's whereabouts are
				  unknown, the facility shall immediately notify law enforcement officials and
				  the individual who may lawfully act on behalf of the child. The child's return
				  must be reported immediately to law enforcement and the individual who may
				  lawfully act on behalf of the child. The facility shall institute policies and
				  procedures for responding to the elopement of children from the
				  facility.
General Authority:
NDCC
					 25-03.2-10
Law Implemented:
NDCC
					 25-03.2-03,
					 25-03.2-07
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-14 - Employee health qualifications

Current through Supplement No. 393, July, 2024
1. All employees, including nonemployees,
				must be in good health and physically and mentally capable of performing
				assigned tasks.
2. All employees
				must have a health screening that includes a test for tuberculosis, performed
				by or under the supervision of a physician not more than one year prior to or
				thirty days after employment. The individual performing the screening shall
				sign a report indicating the presence of any health condition that would create
				a hazard to children of the facility or other employees.
3. Unless effective measures are taken to
				prevent transmission, an employee or nonemployee suffering from a serious
				communicable disease shall be isolated from other employees, nonemployees, and
				children of the facility who have not been infected.
4. Information obtained concerning the
				medical condition or history of an employee must be collected and maintained on
				forms and in medical files separate from other forms and files and must be
				treated as a confidential medical record.
5. The facility shall develop a policy
				regarding health requirements for nonemployees that addresses tuberculin
				testing.
General Authority:
NDCC
					 25-03.2-10
Law Implemented:
NDCC
					 25-03.2-03,
					 25-03.2-04,
					 25-03.2-07
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-15 - Staff-to-child ratio

Current through Supplement No. 393, July, 2024
1. The ratio of employee to children must
				meet the standards of the facility's accredited body and be included in the
				facility's policies and procedures. The facility shall follow the
				employee-to-child ratio set by its accrediting body, or the ratios set forth in
				this subsection, if the ratios set forth in this subsection require a greater
				number of employee to children than the ratios set by the accrediting body. The
				employee-to-child ratio on the premises during waking hours Monday through
				Friday is dependent on the needs of the children and the requirements of the
				individual person-centered treatment plans, but may not be less than:
a. Two employees present who are qualified to
				provide direct care for one to six residents.
b. Three employees present who are qualified
				to provide direct care for seven to nine residents.
c. Four employees present who are qualified
				to provide direct care for ten to twelve residents.
d. Five employees present who are qualified
				to provide direct care for thirteen to sixteen residents.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-16 - Personnel policies and employee and nonemployee files

Current through Supplement No. 393, July, 2024
1. The facility
				shall have clearly written personnel policies. The policies must be made
				available to each employee and nonemployee and must include:
a. An employee training and development
				plan;
b. Procedures for reporting
				suspected child abuse and neglect for employees and nonemployees;
c. Procedures for employee evaluation,
				disciplinary actions, and termination;
d. A prohibition of sexual contact between
				employees and nonemployees and children in accordance with the Prison Rape
				Elimination Act of 2003 [ Pub. L. 108-79 ];
e. Procedures for employee
				grievances;
f. Both oral and
				written instructions regarding employee and nonemployee responsibility for
				preserving confidentiality;
g.
				Evaluation procedures that include a written evaluation following the
				probationary period for new employees and at least annually thereafter;
				and
h. A plan for review of the
				personnel policies and practices with employee and, as appropriate,
				nonemployee, participation at least once every three years, or more often if
				necessary.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-16.1 - Child abuse and neglect reporting

Current through Supplement No. 393, July, 2024
1. All facility
				employees and nonemployees, upon hire and annually thereafter, shall certify
				having read the law requiring the reporting of suspected child abuse or
				neglect, North Dakota Century Code chapter 50-25.1, and having read and
				received a copy of the facility's written child abuse and neglect reporting
				procedures.
2. The facility shall
				adopt written policies and procedures requiring employees and nonemployees to
				report cases of suspected child abuse and neglect. The procedures must include
				the following statements:
"All 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 facility that an employee or nonemployee who knows or
				  reasonably suspects that a current resident or former resident receiving
				  aftercare services 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 facility's policies and procedures
				must address:
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 of an employee or nonemployee
				who is the alleged perpetrator subject of a report pending assessment,
				administrative proceeding, or criminal proceeding;
f. The discipline of an employee or
				nonemployee who is the perpetrator subject of a confirmed decision or a
				determination that institutional child abuse or neglect is indicated, up to and
				including termination; and
g. The
				status and discipline of an employee or nonemployee who fails to report
				suspected child abuse or neglect.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-16.2 - Criminal conviction - Effect on operation of facility or employment by facility

Current through Supplement No. 393, July, 2024
1. A facility
				operator may not be, and a facility may not employ, in any capacity that
				involves or permits contact between the employee, contracted service providers,
				or nonemployee and any child cared for by the facility, an individual who is
				known to have been found guilty of, pled guilty to, or pled no contest to:
a. An offense described in North Dakota
				Century Code chapter 12.1-16, homicide; 12.1-17, assaults - threats - coercion
				- harassment; 12.1-18, kidnapping; 12.1-27.2, sexual performances by children;
				12.1-41, Uniform Act on Prevention of and Remedies for Human Trafficking; of
				19-03.1, Uniform Controlled Substance Act, if class A, B, or C felony under
				that chapter; or in North Dakota Century Code section 12.1-20-03, gross sexual
				imposition; 12.1-20-03.1, continuous sexual abuse of a child; 12.1-20-04,
				sexual imposition; 12.1-20-05, corruption or solicitation of minors;
				12.1-20-05.1, luring minors by computer or other electronic means; 12.1-20-06,
				sexual abuse of wards; 12.1-20-07, sexual assault; 12.1-20-12.3, sexual
				extortion; 12.1-21-01, arson; 12.1-22-01, robbery, if class A or B felony under
				subsection 2 of that section; 12.1-22-02, burglary, if a class B felony under
				subdivision b of subsection 2 of that section; 12.1-29-01, promoting
				prostitution; 12.1-29-02, facilitating prostitution; 12.1-31-05, child
				procurement; 12.1-31-07, endangering an eligible adult - penalty; 12.1-31-07.1,
				exploitation of an eligible adult - penalty; 14-09-22, abuse of a child;or
				14-09-22.1, neglect of a child;
b.
				An offense under the laws of another jurisdiction which requires proof of
				substantially similar elements as required for conviction under any of the
				offenses identified in subdivision a; or
c. An offense, other than an offense
				identified in subdivision a or b, if the department determines that the
				individual has not been sufficiently rehabilitated.
(1) The department will not consider a claim
				that the individual has been sufficiently rehabilitated until any term of
				probation, parole, or other form of community corrections or imprisonment for
				all other criminal convictions has elapsed.
(2) An offender's completion of a period of
				five years after final discharge or release from any term of probation, parole,
				or other form of community corrections or imprisonment, without subsequent
				charge or conviction, is prima facie evidence of sufficient
				rehabilitation.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-17 - Facility employee

Current through Supplement No. 393, July, 2024
1. The facility's
				employees shall include:
a. An executive
				director who has a bachelor's degree in a behavioral science, or a bachelor's
				degree in any field and two years of experience in administration;
b. A program director who has a bachelor's
				degree in social work, psychology, or in a related field with professional
				experience working with children suffering from mental illnesses or emotional
				disturbances;
c. Facility care
				employees who are at least twenty-one years of age and have sufficient training
				and demonstrated skills experience to perform assigned duties;
d. A sufficient number of qualified
				psychiatric professionals, employed or contracted, to meet the resident needs;
				and
e. Educators, where onsite
				education is provided.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-18 - Safety, buildings, and grounds

Current through Supplement No. 393, July, 2024
1.
Compliance with fire, sanitation, and zoning standards.
An
				applicant shall demonstrate compliance with applicable state or local fire,
				sanitation, and zoning standards. The premises to be used must be in fit, safe,
				and sanitary condition and properly equipped to provide good care and
				treatment.
a. Fire. For fire safety, the
				facility shall meet the applicable life safety standards established by the
				city. If the city has not established life safety standards, the facility shall
				comply with chapter 21 of the Life Safety Code of the national fire protection
				association, 1985 edition, and amendments thereto.
(1) Compliance is shown by submitting the
				written report of an authorized fire inspector, following an initial or
				subsequent inspection of a building which states the:
(a) Rated occupancy and approval of the
				building for occupancy; or
(b)
				Existing hazards, and recommendations for correction which, if followed, would
				result in approval of the building for occupancy.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-19 - Interstate compact on the placement of children

Current through Supplement No. 393, July, 2024
1. The facility shall comply with the
				interstate compact on the placement of children and the interstate compact for
				juveniles.
2. All placements from
				any state which has not adopted the interstate compact on the placement of
				children or the interstate compact on juveniles must comply with all North
				Dakota laws and rules prior to the arrival of a child at a facility.
General Authority:
NDCC
					 25-03.2-10
Law Implemented:
NDCC
					 25-03.2-03,
					 25-03.2-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-20 - Rights and obligations of the applicant

Current through Supplement No. 393, July, 2024
1.
Right to apply for license.
An applicant has the right to apply to receive a license to operate a facility
				under this chapter.
2.
Entry
				and inspection.
a. The department may
				evaluate a facility's compliance with this chapter at any time through:
(1) An announced or unannounced onsite
				review; or
(2) A request for
				written documentation verifying compliance.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-21 - Increase or decrease in the number of licensed beds in a facility

Current through Supplement No. 393, July, 2024
1. A facility may not increase or decrease
				bed capacity without approval of the department. A facility requesting a bed
				capacity change shall submit a request to the department licensor. To qualify
				for an increase, a facility must:
a. Be in
				compliance with this chapter.
b.
				Submit a plan for the use of its beds.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-22 - Incident and sentinel event reporting

Current through Supplement No. 393, July, 2024
1. The facility
				shall have a written policy outlining the documentation of incidents that occur
				while the resident is in placement. The policy must include:
a. A description of an incident as an
				unplanned occurrence that resulted or could have resulted in injury to an
				individual or damage to property, specifically involving the public, residents,
				or agency employees and nonemployees; incidents involving law enforcement,
				including in the case of a runaway, criminal activity, behavior resulting in
				harm to others, or restraint injury; and incidents involving outbreak of a
				serious communicable disease, harassment, violence, and discrimination;
				and
b. Notification must be made to
				the custodian and parent or guardian immediately or no more than twelve
				hours;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-23 - Conditions

Current through Supplement No. 393, July, 2024
1. The department
				may require immediate correction of a condition that threatens the life or
				safety of a resident.
2. The
				facility shall submit to the department a plan of corrective action within
				thirty days of receiving the licensure visit report. The facility shall be
				allowed sixty days after the plan of corrective action is submitted to and
				approved by the department to implement the plan and satisfy the
				conditions.
3. The department may
				conduct another onsite review before issuing the license after a facility has
				developed a plan of corrective action.
4. If the facility does not satisfy a
				condition or develop a plan of corrective action to satisfy the condition
				within the time frames allowed, the department may impose a ninety-nine-day
				suspension of the facility's license. At the end of the ninety-nine-day
				suspension, if the condition has been corrected, the department may issue a
				one-year provisional license to the facility. If the facility has not corrected
				the condition, the department may revoke the facility's license.
5. Upon written request by the facility and
				upon showing a need for an extension created by circumstances beyond the
				control of the facility and documentation that the facility has diligently
				pursued correction of the condition, the department may grant extensions of
				time to correct conditions.
6. A
				facility which has had its license revoked is prohibited from submitting a new
				application to the department for consideration for a license for any facility
				during the three hundred sixty-five days following a license
				revocation.
General Authority:
NDCC 25-03.2-10
Law Implemented:
NDCC 25-03.2-03,
					 25-03.2-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-24 - 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 facility and no variance may be granted
				  except at the discretion of the department. A facility 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 25-03.2-10
Law Implemented:
NDCC 25-03.2-03,
					 25-03.2-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17.1 - Authorized Agent in Providing Child Welfare Services › Section 75-03-17.1-01 - County social service board request for release as authorized agent in providing child welfare services

Current through Supplement No. 393, July, 2024
1. A county
				social service board may request to be released as the department's authorized
				agent in providing any or all child welfare services by providing a written
				request stating the reasons. Child welfare services include child protective
				services assessments, child protective services case management, foster care
				case management for those children in legal custody of a county, foster care
				licensing studies, and child care licensing studies. Upon receipt of a request
				to be released as the department's authorized agent, the department shall
				determine whether to release the county social service board from providing any
				or all child welfare services.
2.
				In appropriate circumstances, the department shall first attempt to resolve the
				issues identified by the county social service board in its request to be
				released as the department's authorized agent. If the department's efforts to
				resolve the identified issues are unsuccessful after ninety days, the
				department will then have fourteen days to determine whether to release the
				county social service board as an authorized agent. The county social service
				board may be released as the department's authorized agent in any of the
				following circumstances:
a. If it is unable
				to recruit or retain qualified staff;
b. If it is unable to secure necessary
				supervision;
c. If it lacks local
				support to ensure quality services; or
d. If other factors exist that affect the
				county social service board's ability to deliver services.
Prior to releasing the county social service board as the
				  department's authorized agent, the department shall obtain a provider to
				  deliver child welfare services.