reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-28 - Child abuse and neglect decisions

Current through Supplement No. 393, July, 2024
1. An
				operator and provider shall ensure safe care for the children receiving
				services in the provider's group child care. If a confirmed decision made under
				North Dakota Century Code chapter 50-25.1 or a similar finding in another
				jurisdiction which requires proof of substantially similar elements exists,
				indicating that a child has been abused or neglected by an applicant, operator,
				provider, emergency designee, staff member, or household member, that decision
				has a direct bearing on the applicant's, operator's, or provider's ability to
				serve the public in a capacity involving the provision of child care and the
				application or license may be denied or revoked. If a confirmed determination
				under North Dakota Century Code chapter 50-25.1 or a similar finding in another
				jurisdiction which requires proof of substantially similar elements exists
				indicating that any child has been abused or neglected by the applicant,
				operator, provider, emergency designee, staff member, or household member, the
				applicant, operator, or provider shall furnish information satisfactory to the
				department, from which the department can determine the applicant's,
				operator's, provider's, emergency designee's, or staff member's ability to
				provide care that is free of abuse and neglect. The department shall furnish
				the determination of current ability to the applicant or provider.
2. Each applicant, operator, provider,
				emergency designee, and staff member in the group child care shall complete,
				and the provider shall submit to the department, a department-approved
				authorization for background check form no later than the first day of
				employment.
3. Household members
				age twelve and older shall complete, and the provider shall submit to the
				department, a department-approved authorization for background check form at
				the time of application or relicensure or upon obtaining residence at the
				location of the group child care.
General Authority:
NDCC 50-11.1-04,
					 50-11.1-08
Law Implemented:
NDCC 50-11.1-01, 50-11.1-04,
					 50-11.1-07, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-29 - Correction of violations

Current through Supplement No. 393, July, 2024
1. Within
				ten business days of mailing or three days of electronic transmission of the
				correction order, the provider shall notify the parents of each child receiving
				care at the group child care that a correction order has been issued. In
				addition to providing notice to the parent of each child, the provider shall
				post the correction order in a conspicuous location within the group child care
				until the violation has been corrected or for five days, whichever is
				longer.
2. Violations noted in a
				correction order must be corrected:
a. For a
				violation of North Dakota Century Code section 50-11.1-02.2; section
				75-03-09-04; subdivision i of
				subsection 1 of section
				75-03-09-08; section
				75-03-09-09; subsection 4 or 8 of
				section 75-03-09-12; subsection 3, 6, 9,
				or 10 of section
				75-03-09-18; section
				75-03-09-23; or subsection 1 of
				section 75-03-09-24, within twenty-four
				hours;
b. For a violation requiring
				the hiring of a group child care supervisor with those qualifications set forth
				in section
				75-03-09-10, within sixty
				days;
c. For a violation that
				requires an inspection by a state fire marshal or local fire department
				authority pursuant to section
				75-03-09-17, within sixty
				days;
d. For a violation that
				requires substantial building remodeling, construction, or change, within sixty
				days; and
e. For all other
				violations, within twenty days.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-30 - Fiscal sanctions

Current through Supplement No. 393, July, 2024
1. The department
				shall assess a fiscal sanction of twenty-five dollars per day for each
				violation of North Dakota Century Code chapter 50-11.1; subdivision i of
				subsection 1 of section
				75-03-09-08; section
				75-03-09-09 or
				75-03-09-17; subsection 6, 9, or
				13 of section
				75-03-09-18; or section
				75-03-09-19,
				75-03-09-23,
				75-03-09-27, or
				75-03-09-28, for each day the
				provider has not verified correction after the allowable time for correction of
				violations ends.
2. The department
				shall assess a fiscal sanction of fifteen dollars per day for each violation of
				subsection 2 of section
				75-03-09-10; section
				75-03-09-12; subsection 2 or
				subdivision b or d of subsection 4 of section
				75-03-09-14; section
				75-03-09-15; subsection 3, 5, 8,
				10, or 12 of section
				75-03-09-18; subsection 2 or 4 of
				section 75-03-09-20; subsection 1 of
				section 75-03-09-21; or subsection 1 or 3
				of section
				75-03-09-24, for each day that the
				provider has not verified correction, after the allowable time for correction
				of violations ends.
3. The
				department shall assess a fiscal sanction of five dollars per day for each
				violation of any other provision of this chapter for each day that the provider
				has not verified correction after the allowable time for correction of
				violations ends.
General Authority:
NDCC
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-01,
					 50-11.1-07.4,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-09 - Group Child Care Early Childhood Services › Section 75-03-09-31 - Appeals

Current through Supplement No. 393, July, 2024
An applicant or provider may appeal a decision to deny or
				  revoke a license by filing a written appeal with the department. The appeal
				  must be postmarked or received by the department within ten calendar days of
				  the applicant's or provider's receipt of written notice of the decision to deny
				  or revoke the license. Upon receipt of a timely appeal, an administrative
				  hearing may be conducted in the manner prescribed by chapter 75-01-03.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-08,
					 50-11.1-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-03 - 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 50-11.1-02. In addition, as used in this
				  chapter, unless the context or subject matter otherwise requires:
1. "Annual" is defined as the provider's
				licensing year.
2. "Application"
				means all forms the department requires when applying or reapplying for a
				license.
3. "Aquatic activity"
				means an activity in or on a body of water, either natural or manmade,
				including rivers, lakes, streams, swimming pools, and water slides.
4. "Attendance" means the total number of
				children present at any one time at the facility.
5. "Child with special needs" means a child
				whose medical providers have determined that the child has or is at risk of
				chronic physical, developmental, behavioral, or emotional conditions.
6. "Director" means the individual
				responsible for overseeing the general operation and implementing the policies
				and procedures of the child care center.
7. "Emergency designee" means an individual
				designated by the operator to be a backup staff member for emergency assistance
				or to provide substitute care.
8.
				"Infant" means a child who is less than twelve months of age.
9. "Medication" means any drug or remedy
				which is taken internally or orally, inhaled, or applied topically.
10. "Operator" means the person that has
				operational responsibility for the early childhood program and premises at
				which the early childhood service operates.
11. "Owner" means the person that has legal
				responsibility for the early childhood program and premises at which the early
				childhood service operates.
12.
				"Substitute staff" means staff who work less than thirty-two hours per month
				and are not regularly scheduled for work.
13. "Supervisor" means any individual with
				the responsibility for organizing and supervising daily child care center
				activities.
14. "Volunteer" means
				an individual who visits or provides an unpaid service, including a firefighter
				for fire safety week, a practicum student, or a foster grandparent.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-04 - Effect of licensing and display of license

Current through Supplement No. 393, July, 2024
1. The issuance of a license to operate a
				child care center is evidence of compliance with the standards contained in
				this chapter and North Dakota Century Code chapter 50-11.1 at the time of
				licensure.
2. The current license
				must be displayed prominently in the premises to which it applies.
3. The license must specify the maximum
				number of children who may be cared for by the center. The child care center
				may not admit a greater number of children than the license allows.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-03,
					 50-11.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-05 - Denial or revocation of license

Current through Supplement No. 393, July, 2024
1.
				A license may be denied or revoked under the terms and conditions of North
				Dakota Century Code sections
				50-11.1-04,
				50-11.1-06.2,
				50-11.1-09, and
				50-11.1-10.
2. If an action to revoke a license is
				appealed, the operator may continue the operation of the child care center
				pending the final administrative determination or until the license expires,
				whichever occurs first; provided, however, that this subsection does not limit
				the actions the department may take pursuant to North Dakota Century Code
				sections 50-11.1-07.8 and
				50-11.1-12.
3. The department may revoke a license to
				operate a child care center without first issuing a correction order or
				simultaneously with a suspension if continued operation would jeopardize the
				health and safety of the children present or would violate North Dakota Century
				Code section
				50-11.1-09.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-06.2,
					 50-11.1-07,
					 50-11.1-08,
					 50-11.1-09,
					 50-11.1-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-06 - Provisional license

Current through Supplement No. 393, July, 2024
1. The department
				may issue a provisional license for the operation of a child care center
				although the applicant or operator fails to, or is unable to, comply with all
				applicable standards and rules of the department.
2. A provisional license must:
a. State that the owner has failed to comply
				with all applicable standards and rules of the department;
b. State the items of
				noncompliance;
c. Expire at a set
				date, not to exceed six months from the date of issuance; and
d. Be exchanged for an unrestricted license,
				which bears an expiration date of one year from the date of issuance of the
				provisional license, after the applicant or owner demonstrates compliance,
				satisfactory to the department, with all applicable standards and
				rules.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-06.1 - Restricted license

Current through Supplement No. 393, July, 2024
The department may issue a restricted license:
1. To restrict an individual's presence when
				children are in child care;
2. To
				restrict a pet or animal from areas accessible to children; or
3. When necessary to inform parents that the
				owner is licensed, but is restricted to operating in certain rooms or floors or
				restricted from using specific outdoor space.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-07 - Application for and nontransferability of child care center license

Current through Supplement No. 393, July, 2024
An application for a license must be submitted to the
				  department.
1. An applicant shall
				submit an application for a license to the department. Application must be made
				in the form and manner prescribed by the department.
2. A license issued under this chapter is
				nontransferable and is valid only for the premises that are indicated on the
				license.
3. An application for a
				new license must be filed by the owner upon change of owner or
				location.
4. The department may not
				issue more than one in-home registration, self-declaration, or license per
				residence. A residence means real property that is typically used as a single
				family dwelling.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-03, 50-11.1-04,
					 50-11.1-06.2, 50-11.1-07, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-08 - Staffing and group size requirements

Current through Supplement No. 393, July, 2024
1.
				The number of staff members and their responsibilities must reflect program
				requirements and individual differences in the needs of the children enrolled,
				and may permit mixed-age groups, if necessary. Service personnel engaged in
				housekeeping and food preparation may not be counted in the child to staff
				ratio for periods of time when they are engaged in housekeeping or food
				preparation.
2.
a. The operator shall ensure that the child
				care center is sufficiently staffed at all times to meet the child to staff
				ratios for children in attendance and that no more children than the licensed
				capacity are served at one time. The minimum ratio of staff members responsible
				for caring for or teaching children to children in child care centers and
				maximum group size of children must be:
(1)
				For children less than eighteen months of age, one staff member may care for
				four children, a ratio of .25 in decimal form, with a maximum group size of ten
				children;
(2) For children eighteen
				months of age to thirty-six months of age, one staff member may care for five
				children, a ratio of .20 in decimal form, with a maximum group size of fifteen
				children;
(3) For children three
				years of age to four years of age, one staff member may care for seven
				children, a ratio of .14 in decimal form, with a maximum group size of twenty
				children;
(4) For children four
				years of age to five years of age, one staff member may care for ten children,
				a ratio of .10 in decimal form, with a maximum group size of twenty-five
				children;
(5) For children five
				years of age to six years of age, one staff member may care for twelve
				children, a ratio of .08 in decimal form, with a maximum group size of thirty
				children; and
(6) For children six
				years to twelve years of age, one staff member may care for twenty children, a
				ratio of .05 in decimal form, with a maximum group size of forty
				children.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-09 - Duties of child care center operator

Current through Supplement No. 393, July, 2024
The operator is responsible for compliance with the
				  requirements set forth in this chapter and North Dakota Century Code chapter
				  50-11.1. The operator shall:
1.
				Designate a qualified director and shall delegate appropriate duties to the
				director:
a. The operator shall ensure that
				the director or a designated acting director is present at the child care
				center at least sixty percent of the time when the child care center is
				open;
b. The operator shall ensure
				that the individual designated as an acting director meets the qualifications
				of a supervisor and for an ongoing period of more than thirty days meets the
				qualifications of a director; and
c. The operator shall ensure that when the
				director and acting director are not present at the center, an individual who
				meets the qualifications of a supervisor is on duty;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-10 - Minimum qualifications of child care center director

Current through Supplement No. 393, July, 2024
A director shall:
1.
				Be an adult of good physical, cognitive, social, and emotional health, and
				shall use mature judgment when making decisions impacting the quality of child
				care;
2. Possess knowledge or
				experience in management and interpersonal relationships;
3. Hold at least one of the following
				qualifications, in addition to those set out in subsection 1:
a. A bachelor's degree in the field of early
				childhood education or child development;
b. A bachelor's degree with at least six
				months of experience in a child care center or similar setting and one of the
				following:
(1) Eight semester hours or twelve
				quarter hours of department-approved early childhood education or child
				development;
(2) One hundred twenty
				hours of department-approved early childhood training; or
(3) A director's credential approved by the
				department;
c. An
				associate's degree in the field of early childhood education or child
				development with at least six months of experience in a child care center or
				similar setting;
d. An associate's
				degree with at least one year of experience in a child care center or similar
				setting and one of the following:
(1) Eight
				semester hours or twelve quarter hours of department-approved early childhood
				education or child development;
(2)
				One hundred twenty hours of department-approved early childhood training;
				or
(3) A director's credential
				approved by the department;
e. A teaching certificate in elementary
				education with at least six months of experience in a child care center or
				similar setting;
f. A current
				certification as a child development associate or successful completion of a
				department-approved diploma program with emphasis in early childhood or child
				care, with at least one year of experience in a child care center or similar
				setting; or
g. Certification from a
				Montessori teacher training program with at least one year of experience in a
				Montessori school, child care center, or similar setting and at least one of
				the following:
(1) Eight semester hours or
				twelve quarter hours of department-approved child development or early
				childhood education;
(2) One
				hundred twenty hours of department-approved early childhood training;
				or
(3) A director's credential
				approved by the department; and
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-11 - Duties of child care center director

Current through Supplement No. 393, July, 2024
The director, in collaboration with the operator, shall:
1. Plan, supervise, and conduct daily
				activities in the child care center;
2. Maintain required enrollment, attendance,
				health, and other required records;
3. Screen, schedule, supervise, and be
				responsible for the conduct of staff members while staff members are on duty;
				and
4. Perform other duties as
				delegated by the operator.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-11.1 - Minimum qualifications of child care center supervisor

Current through Supplement No. 393, July, 2024
A supervisor shall:
1. Be an adult of good physical, cognitive,
				social, and emotional health and shall use mature judgment when making
				decisions impacting the quality of child care;
2. Have a demonstrated ability in working
				with children;
3. Hold at least one
				of the following qualifications:
a. An
				associate degree in the field of early childhood development;
b. Current certification as a child
				development associate or successful completion of a department-approved diploma
				program with an emphasis in early childhood or child care;
c. Certification from a Montessori teacher
				training program; or
d. A high
				school diploma or high school equivalency with at least one year of experience
				in a child care or similar setting;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-11.2 - Duties of the child care center supervisor

Current through Supplement No. 393, July, 2024
The supervisor, in collaboration with the director, shall:
1. Communicate with parents about the
				individual needs of their children, including any special concerns the parents
				may have;
2. Plan daily and weekly
				schedules of activities and make those plans available to parents; and
3. Ensure that program policies
				are adhered to in the classes and groups assigned to the supervisor.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-12 - Minimum qualifications for all staff members responsible for caring for or teaching children

Current through Supplement No. 393, July, 2024
1. Staff members:
a. Shall be at least fourteen years of age,
				provided that each staff member under age sixteen has written parental consent
				for employment as a staff member, and the employment arrangements comply with
				North Dakota Century Code chapter 34-07;
b. Shall be individuals of good physical,
				cognitive, social, and emotional health and shall use mature judgment when
				making decisions impacting the quality of child care;
c. Shall certify completion of a
				department-approved basic child care course within ninety days of
				employment;
d. Shall be currently
				certified within ninety days of employment and prior to staff member having
				unsupervised access to children under care, in infant and pediatric
				cardiopulmonary resuscitation and the use of an automated external
				defibrillator by the American heart association, American red cross, or other
				similar cardiopulmonary resuscitation and automated external defibrillator
				training programs that are approved by the department;
e. Shall be currently certified within ninety
				days of employment and prior to staff member having unsupervised access to
				children under care, in pediatric first aid by a program approved by the
				department;
f. Shall certify the
				staff member's own successful completion of the department-approved training
				related to child care each year, and annually thereafter, as set forth below:
(1) If working thirty or more hours per week,
				certify thirteen hours of department-approved training annually;
(2) If working fewer than thirty hours and
				more than twenty hours per week, certify eleven hours of department-approved
				training annually;
(3) If working
				fewer than twenty hours and at least ten hours per week, certify nine hours of
				department-approved training annually;
(4) If working fewer than ten hours per week,
				certify seven hours of department-approved training annually;
(5) Completion of one hour of
				department-approved safe sleep prior to the staff member providing care to
				infants;
(6) Completion of one hour
				of department-approved mandated reporter of suspected child abuse or neglect
				training;
(7) The same training
				courses may be counted toward licensing annual requirements only if at least
				three years has passed since the last completion date of that training course,
				with the exception of safe sleep and mandated reporter annual training;
				and
(8) Substitute staff and
				emergency designees are exempt from the annual training requirement with the
				exception of paragraphs 5 and 6; and
g. Shall not place a child in an environment
				that would be harmful or dangerous to the child's physical, cognitive, social,
				or emotional health;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-13 - Minimum health requirements for all applicants, operators, and staff members

Current through Supplement No. 393, July, 2024
1. If the physical,
				cognitive, social, or emotional health capabilities of an applicant, operator,
				or staff member appears questionable, the department may require the individual
				to present evidence of the individual's ability to provide the required care
				based on a formal evaluation. The department is not responsible for the costs
				of any required evaluation.
2. A
				staff member may not use or be under the influence of any illegal drugs or
				alcoholic beverages while caring for children.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-14 - Minimum qualifications for volunteers

Current through Supplement No. 393, July, 2024
If a volunteer is providing child care, the volunteer shall
				  meet the qualifications of a staff member responsible for caring for or
				  teaching children and shall receive orientation for all assigned tasks.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-15 - Minimum standards for provision of transportation

Current through Supplement No. 393, July, 2024
1. The operator shall establish a written
				policy governing the transportation of children to and from the child care
				center, if the child care center provides transportation. This policy must
				specify who is to provide transportation and how parental permission is to be
				obtained for activities which occur outside the child care center. If the child
				care center provides transportation, the operator shall inform the parents of
				any insurance coverage on the vehicles. Any vehicle used for transporting
				children must be in safe operating condition and in compliance with state and
				local laws.
2. When transportation
				is provided by a child care center, children must be protected by adequate
				staff member supervision, safety precautions, and liability insurance.
a. Staffing requirements must be maintained
				to assure the safety of children while being transported.
b. A child may not be left unattended in a
				vehicle.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-16 - Minimum emergency evacuation and disaster plan

Current through Supplement No. 393, July, 2024
1. The operator
				shall establish and post an emergency disaster plan for the safety of the
				children in care. The operator shall develop written disaster plans in
				cooperation with local emergency management agencies. The plan must include:
a. Emergency procedures, including the
				availability of emergency food, water, and first-aid supplies;
b. Procedures for evacuation, relocation,
				shelter-in-place, and lockdown;
c.
				Communications and reunification with families;
d. Continuity of operations; and
e. Accommodations for infants, toddlers,
				children with disabilities, and children with chronic medical
				conditions.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-17 - Fire inspections

Current through Supplement No. 393, July, 2024
1. The operator
				shall ensure that annual fire inspections are completed by local or state fire
				authorities. The operator shall correct or have corrected any code violations
				noted by the fire inspector and shall file reports of the inspections and any
				corrections with the department.
2.
				The operator shall ensure that the child care center is equipped with
				sufficient smoke detectors and fire extinguishers, as recommended by the local
				fire department or state fire marshal.
3. The operator shall provide:
a. The fire inspector's written statement of
				compliance with the local fire code, if there is one; or
b. The fire inspector's written statement
				that the child care center has been inspected and that the inspector is
				satisfied that the child care center meets minimum fire and safety
				standards.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-18 - Minimum sanitation and safety requirements

Current through Supplement No. 393, July, 2024
1. The operator shall ensure that in child
				care centers licensed for more than thirty children, where meals are prepared,
				comply with the public health division of the department child care food
				service establishment license requirements pursuant to North Dakota Century
				Code chapter 23-09. If only snacks or occasional cooking projects are prepared,
				an inspection by the public health division of the department is not required.
				The operator shall correct any code violations noted by the health inspector
				and shall file reports of the inspections and corrections made with the
				department.
2. The operator shall
				ensure that the child care center bathroom sinks, toilets, tables, chairs, and
				floors are cleaned daily.
3. The
				operator shall ensure that beds, cots, mats, or cribs, complete with a mattress
				or pad, are available and the operator shall ensure:
a. Pillows and mattresses have clean
				coverings.
b. Sheets and
				pillowcases are changed as often as necessary for cleanliness and hygiene, at
				least weekly.
c. If beds, cots,
				mats, or cribs are used by different children, sheets and pillowcases are
				laundered before use by other children.
d. Cots, mats, and cribs are cleaned as often
				as necessary for cleanliness and hygiene, at least weekly, and after each use
				if used by different children.
e.
				That cots, mats, and cribs are single occupancy.
f. Each bed, cot, or mat has sufficient
				blankets available.
g. That aisles
				between beds, cots, mats, cribs, and portable cribs are a minimum space of two
				feet [60.96 centimeters] and are kept free of all obstructions while beds,
				cots, mats, cribs, and portable cribs are occupied.
h. Provide separate storage for personal
				blankets or coverings.
i. That
				mattresses and sheets are properly fitted.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-19 - Minimum requirements regarding space and lighting

Current through Supplement No. 393, July, 2024
1. Each operator shall provide adequate
				indoor and outdoor space for the daily activities of all children within the
				licensed capacity of the child care center.
2. Adequate space must include a minimum of
				thirty-five square feet [3.25 square meters] of space per child indoors and a
				minimum of seventy-five square feet [6.97 square meters] of play space per
				child outdoors. Indoor space considered must exclude bathrooms, pantries,
				passageways leading to outdoor exits, areas occupied by furniture or appliances
				that children should not play on or under, and space children are not permitted
				to occupy. If available outdoor play space does not accommodate the licensed
				capacity of the child care center at one time, the total appropriate outdoor
				play space available must not be less than what is required for the number of
				children in the largest class or group of the center multiplied by seventy-five
				square feet [6.97 square meters]. Operators who provide seventy-five square
				feet [6.97 square meters] of separate indoor recreation space per child for the
				largest class or group are exempt from the outdoor space requirement. The child
				care center operator shall prepare a written schedule of outdoor or separate
				indoor recreation space playtime which limits use of the play area to its
				capacity, giving every child an opportunity to play daily.
3. The child care center must be properly
				lighted. If the lighting of the child care center appears questionable, the
				department may require the operator to obtain additional lights so that a
				minimum of sixty-five foot-candles of light is used in the areas generally used
				for children's activities.
General Authority:
NDCC
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-21 - Minimum standards for food and nutrition

Current through Supplement No. 393, July, 2024
1. When the operator is responsible for
				providing food to children, the food supplied must meet United States
				department of agriculture standards and must be properly prepared, sufficient
				in amount, nutritious, varied according to diets of the children enrolled, and
				served at appropriate hours. Food that is prepared, served, or stored in a
				child care center must be treated in a sanitary and safe manner with sanitary
				and safe equipment.
2. When parents
				bring sack lunches for their children, the operator may supplement lunches, as
				necessary, to provide nutritious and sufficient amounts of food for children,
				and shall provide adequate and appropriate refrigeration and storage as
				required.
3. Children in care for
				more than three hours shall receive either a snack or meal, whichever is
				appropriate to that time of the day.
4. The operator shall serve nutritious meals
				to children in care during any normal mealtime hour.
5. The operator shall serve snacks to
				children in care in afterschool child care center programs.
6. When the operator is responsible for
				providing food to children, menus must be prepared on a weekly or daily basis
				and made available to the parents, the department, and other appropriate
				individuals.
7. The operator shall
				consider information provided by the children's parents as to the children's
				eating habits, food preferences, or special needs in creating the feeding
				schedules and in tailoring menus.
8. The operator shall serve snacks and meals
				to children in a manner commensurate with their age, using appropriate foods,
				portions, dishes, and eating utensils.
9. The operator or staff member may encourage
				children to eat the food served, but the operator or staff member may not
				coerce or force-feed children.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-01, 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-22 - Records

Current through Supplement No. 393, July, 2024
1. The operator
				shall keep a copy of this chapter on the premises of the child care center and
				shall make it available to staff members at all times.
2. The operator shall maintain the following
				records:
a. The child's full name, birth
				date, and current home address;
b.
				Legal names of the child's parents and current business and personal telephone
				numbers where they can be reached;
c. Names and telephone numbers of individuals
				who may assume responsibility for the child if the individuals legally
				responsible for the child cannot be reached immediately in an
				emergency;
d. A written statement
				from the parents authorizing emergency medical care;
e. Names and telephone numbers of individuals
				authorized to take the child from the child care center;
f. Verification that the child has received
				all immunizations appropriate for the child's age, as prescribed by the public
				health division of the department, or have on file a document stating that the
				child is medically exempt or exempt from immunizations based on religious,
				philosophical, or moral beliefs; and
g. A current health assessment or a health
				assessment statement completed by the parent, obtained at the time of initial
				enrollment of the child which must indicate any special precautions for diet,
				medication, or activity. This assessment must be completed annually.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-23 - Discipline - Punishment prohibited

Current through Supplement No. 393, July, 2024
Disregard of any of the following disciplinary rules or any
				  disciplinary measure resulting in physical or emotional injury, or neglect, or
				  abuse, to any child is grounds for license denial or revocation:
1. The child care center must have a written
				policy regarding the discipline of children. The operator shall provide the
				policy to, and discuss the policy with, the staff members responsible for
				caring for or teaching children before the child care center begins operation
				or before staff members begin working with children.
2. Discipline must be constructive or
				educational in nature and may include diversion, separation from the problem
				situation, talking with the child about the situation, praising appropriate
				behavior, or gentle physical restraint, such as holding. A child may not be
				subjected to physical harm, fear, or humiliation.
3. Authority to discipline may not be
				delegated to children nor may discipline be administered by children.
4. Separation, when used as
				discipline, must be appropriate to the child's development and circumstances.
				The child must be in a safe, lighted, well-ventilated room within sight or
				hearing range of an adult staff member responsible for caring for or teaching
				children. A staff member may not isolate a child in a locked room or closet.
5. A child may not be punished for
				lapses in toilet training.
6. A
				staff member may not use verbal abuse or make derogatory remarks about a child,
				or a child's family, race, or religion when addressing the child or in the
				presence of a child.
7. A staff
				member may not use profane, threatening, unduly loud, or abusive language in
				the presence of a child.
8. A
				staff member may not force-feed a child or coerce a child to eat, unless
				medically prescribed and administered under a medical provider's care.
9. A staff member may not use
				deprivation of meals or snacks as a form of discipline or punishment.
10. A staff member or any other
				adult in or at the child care center may not kick, punch, spank, shake, pinch,
				bite, roughly handle, strike, mechanically restrain, or physically maltreat a
				child.
11. A staff member may not
				force a child to ingest substances that would cause pain or discomfort, for
				example, placing soap in a child's mouth to deter the child from biting other
				children.
12. A staff member may
				not withhold active play from a child as a form of discipline or punishment,
				beyond a brief period of separation.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-24 - Specialized types of care and minimum requirements

Current through Supplement No. 393, July, 2024
1. Infant care.
a. Environment and interactions.
(1) A child care center serving children from
				birth to twelve months shall provide an environment which protects the children
				from physical harm.
(2) The
				operator shall ensure that each infant receives positive stimulation and verbal
				interaction with a staff member responsible for caring for or teaching children
				or mergency designee such as the staff member or emergency designee holding,
				rocking, talking with, or singing to the child.
(3) A staff member shall respond to comfort
				an infant's or toddler's physical and emotional distress:
(a) Especially when indicated by crying or
				due to conditions such as hunger, fatigue, wet or soiled diapers, fear,
				teething, or illness; and
(b)
				Through positive actions such as feeding, diapering, holding, touching,
				smiling, talking, singing, or eye contact.
(4) The operator shall ensure that infants
				have frequent and extended opportunities during each day for freedom of
				movement, including creeping or crawling in a safe, clean, open, uncluttered
				area.
(5) Staff members responsible
				for caring for or teaching children shall take children outdoors or to other
				areas within the child care center for a part of each day to provide children
				with some change of physical surroundings and to allow them to interact with
				other children.
(6) The operator
				shall ensure that low chairs and tables, high chairs with trays, or other
				age-appropriate seating systems are provided for mealtime for infants no longer
				being held for feeding. High chairs, if used, must have a wide base and a
				safety strap.
(7) The operator
				shall ensure that infants are not shaken or jostled.
(8) The operator shall ensure that
				thermometers, pacifiers, teething toys, and similar objects are cleaned and
				sanitized between uses. Pacifiers may not be shared.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-25 - Minimum requirements for care of a child with special needs

Current through Supplement No. 393, July, 2024
An operator shall make appropriate accommodations, as
				  required by the Americans with Disabilities Act, to meet the needs of children
				  with special needs. The child care center shall receive documentation of the
				  child's special needs from the parent upon the child's enrollment.
1. When a child with special needs is
				admitted, the director or supervisor shall consult with the child's parents,
				and, with the parent's permission, the child's source of professional health
				care, or, when appropriate, other health and professional consultants to gain
				an understanding of the child's individual needs. The operator shall receive a
				written health care plan from the child's medical provider or parent with
				information related to the child's special needs, such as a description,
				definition of the diagnosis, and general information for emergency and required
				care such as usual medications and procedures.
2. The operator shall ensure staff members
				responsible for caring for or teaching children receive proper instructions as
				to the nature of the child's special needs and potential for growth and
				development.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-26 - Minimum provisions regarding emergency care for children

Current through Supplement No. 393, July, 2024
The child care center shall have written plans to respond to
				  illness and emergencies, including burns, serious injury, and ingestion of
				  poison. The operator shall ensure that parents of enrollees are advised of
				  these plans. Plans must:
1. Establish
				emergency response procedures;
2.
				Provide accessible posting of emergency response procedures and require
				training for all staff members concerning those emergency procedures;
3. Require the availability of at least one
				working flashlight;
4. Require at
				least one department-approved first-aid kit maintained and kept in a designated
				location, inaccessible to children, yet readily accessible to staff members at
				all times;
5. Provide a working
				telephone line immediately accessible to staff members with a list of emergency
				telephone numbers conspicuously posted;
6. Require a plan for responding to minor
				illnesses and minor accidents when children are in the care of the child care
				center;
7. Require written
				permission to dispense medication and proper instructions for the
				administration of medication obtained from the parent of a child in the child
				care center who requires medication:
a.
				Medication prescribed by a medical provider must be accompanied by the medical
				provider's written instructions as to dosage and storage, and labeled with the
				child's name and date;
b.
				Medication must be stored in an area inaccessible to children, and medication
				stored in a refrigerator must be stored collectively in a spillproof
				container;
c. The operator shall
				keep a written record of the administration of medication, including
				over-the-counter medication, for each child. Records must include the date and
				time of each administration, the dosage, the name of the staff member
				administering the medication, and the name of the child; and
d. The operator shall include completed
				medication records in the child's record;