North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-36 - Licensing of Child-Placing Agencies › Section 75-03-36-06 - Governance

Current through Supplement No. 393, July, 2024
1. Each
				child-placing agency shall have a governing body responsible for the overall
				operations, policies, activities, and practice of the child-placing agency. The
				governing body shall:
a. Define a mission
				statement.
b. Define services
				provided by the child-placing agency and clearly state which services are
				provided directly by the child-placing agency and which services are provided
				in collaboration with a referral source or other appropriate
				agencies.
c. Define the volume of
				clients, including children placed, birth parents, foster care providers, or
				prospective adoptive parents the child-placing agency serves each year. A
				child-placing agency shall serve no fewer than twenty-five clients per year and
				place no fewer than five children per year, unless the child-placing agency was
				licensed prior to April 1, 2024, and otherwise approved by the
				department.
d. Approve developed
				policies for child-placing agency operations in compliance with law,
				administrative rule, and policy as defined by the department, inclusive of
				administration, program, personnel policy, and procedure to address
				nondiscrimination. Personnel policies must include recruitment and retention of
				employees to operate the child-placing agency and expectations of employees and
				nonemployees, detail job descriptions for each position, and ensure a process
				to review policies and procedures with employee participation at least every
				five years.
e. Guide the
				child-placing agency's development and provide leadership.
f. Be composed of at least three members; a
				list of the names and contract information of members of the governing body
				must be maintained and submitted to the department during each licensing
				period. Each board member shall annually disclose conflicts of interest.
				Members of the board may not be family or have conflicts of interest with the
				child-placing agency administrator or employees with budget or accounting
				duties.
g. Meet at least every six
				months.
h. Maintain records of the
				governing body's meetings.
i.
				Develop and review policies for board member selection and rotation.
j. Ensure that the child-placing agency is
				funded, housed, staffed, and equipped in a manner required for the provision of
				services.
k. Employ a qualified
				administrator and delegate responsibility to that administrator for the
				administration of the child-placing agency.
l. Evaluate the performance of the
				administrator at least annually.
m.
				Approve the child-placing agency's annual budget of anticipated income and
				expenditures necessary to provide services described in the child-placing
				agency's statement of purpose.
n.
				Provide the most recent fiscal year-end financial records to the department,
				upon request.
o. Ensure that the
				child-placing agency prepares an annual budget based on the assessment of
				child-placing agency program priorities and a realistic appraisal of
				anticipated funding, including reimbursement for services.
p. Ensure the child-placing agency submits a
				copy of its budget to the department with a cost breakdown of budget items
				utilized to determine fees for services.
q. If the child-placing agency increases fees
				for adoption services, ensure the child-placing agency submits justification of
				the cost increase to the department before charging an increased
				rate.
r. Receive an initial
				orientation from the administrator to inform new board members of the
				child-placing agency's goals, programs, and methods of operation.
s. Ensure the child-placing agency employs or
				retains legal representation to represent the child-placing agency in legal
				matters and to ensure prompt resolution of legal questions for children in the
				legal custody of the child-placing agency.