reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-06 - Denial or revocation of self-declaration document

Current through Supplement No. 393, July, 2024
1. The right to provide early childhood
				services is dependent upon the applicant's or provider's continuing compliance
				with the terms of the application as listed in section
				75-03-07.1-02.
2. A fraudulent or untrue representation is
				grounds for revocation or denial.
3.
a. The
				applicant, self-declaration provider, emergency designee, and household members
				may not have been found guilty of, pled guilty to, or pled no contest to:
(1) An offense described in North Dakota
				Century Code chapter 12.1-16, homicide; 12.1-18, kidnapping; 12.1-27.2, sexual
				performances by children; or 12.1-41, Uniform Act on Prevention of and Remedies
				for Human Trafficking; or in North Dakota Century Code section 12.1-17-01,
				simple assault; 12.1-17-01.1, assault; 12.1-17-01.2, domestic violence;
				12.1-17-02, aggravated assault; 12.1-17-03, reckless endangerment; 12.1-17-04,
				terrorizing; 12.1-17-06, criminal coercion; 12.1-17-07, harassment;
				12.1-17-07.1, stalking; 12.1-17-12, assault or homicide while fleeing a police
				officer; 12.1-20-03, gross sexual imposition; 12.1-20-03.1, continuous sexual
				abuse of a child; 12.1-20-04, sexual imposition; 12.1-20-05, corruption or
				solicitation of minors; 12.1-20-05.1, luring minors by computer or other
				electronic means; 12.1-20-06, sexual abuse of wards; 12.1-20-07, sexual
				assault; 12.1-21-01, arson; 12.1-22-01, robbery; 12.1-22-02, burglary, if a
				class B felony under subdivision b of subsection 2 of that section; 12.1-29-01,
				promoting prostitution; 12.1-29-02, facilitating prostitution; 12.1-31-05,
				child procurement; 14-09-22, abuse of child; or 14-09-22.1, neglect of
				child;
(2) 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
				paragraph 1; or
(3) An offense,
				other than an offense identified in paragraph 1 or 2, if the department
				determines that the individual has not been sufficiently rehabilitated. An
				offender's completion of a period of five years after final discharge or
				release from any term of probation, parole, or other form of community
				corrections or imprisonment, without subsequent charge or conviction, is prima
				facie evidence of sufficient rehabilitation.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-07 - Minimum sanitation requirements

Current through Supplement No. 393, July, 2024
1. The
				provider shall operate according to the recommendations by the federal centers
				for disease control and prevention, including washing hands, before preparing
				or serving meals, after diapering, after using toilet facilities, and after any
				other procedure that may involve contact with bodily fluids. Hand soap and
				single-use or individually designated cloth towels or paper towels must be
				available at each sink. Clean towels must be provided at least daily.
2. The provider shall ensure that the
				residence, grounds, and equipment are located, cleaned, and maintained to
				protect the health and safety of children. The provider shall establish routine
				cleaning procedures to protect the health of the children.
3. Pets and animals.
a. The provider shall ensure that only small
				pets that are contained in an aquarium or other approved enclosed container,
				cats, and dogs are present in areas occupied by children. Wire cages are not
				approved containers. Other indoor pets and animals must be restricted by a
				solid barrier and must not be accessible to children. The department may
				restrict any pet or animal from the premises that may pose a risk to children
				and may approve additional pets that do not pose a health or safety risk to
				children.
b. The provider shall
				ensure that animals are maintained in good health and are appropriately
				immunized. Pet immunizations must be documented with a current certificate from
				a veterinarian.
c. The provider
				shall ensure parents are aware of the presence of pets and animals in the
				self-declaration program.
d. The
				provider shall notify parents immediately if a child is bitten or scratched and
				skin is broken.
e. The provider
				shall ensure that all contact between pets and children is closely supervised.
				The provider shall immediately remove the pet if the pet or animal shows signs
				of distress or the child shows signs of treating the pet or animal
				inappropriately.
f. The provider
				shall ensure that pets, pet feeding dishes, cages, and litter boxes are not
				present in any food preparation, food storage, or serving areas. The provider
				shall ensure that pet and animal feeding dishes and litter boxes are not placed
				in areas accessible to children.
g.
				The provider shall ensure that indoor and outdoor areas accessible to children
				must be free of animal excrement.
h. The provider shall ensure that the
				self-declaration program is in compliance with all applicable state and local
				ordinances regarding the number, type, and health status of pets or
				animals.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-08 - Infant care

Current through Supplement No. 393, July, 2024
1.
Environment and interactions.
a.
				A provider serving children from birth to twelve months shall provide an
				environment which protects the children from physical harm.
b. The provider shall ensure that each infant
				receives positive stimulation and verbal interaction such as being held,
				rocked, talked with, or sung to.
c.
				The provider shall respond to comfort an infant's or toddler's physical and
				emotional distress:
(1) Especially when
				indicated by crying or due to conditions such as hunger, fatigue, wet or soiled
				diapers, fear, teething, or illness; and
(2) Through positive actions such as feeding,
				diapering, holding, touching, smiling, talking, singing, or eye
				contact.
d. The provider
				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, and uncluttered area.
e. The
				provider shall take children outdoors or to other areas within the
				self-declaration program for a part of each day to provide some change of
				physical surroundings and to interact with other children.
f. The provider shall ensure that infants are
				not shaken or jostled.
g. The
				provider 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.
h. The provider
				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 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-09 - Minimum requirements for the care of children with special needs

Current through Supplement No. 393, July, 2024
A provider shall make appropriate provisions, as required by
				  the Americans with Disabilities Act, to meet the needs of children with special
				  needs. The provider shall receive documentation of the child's special needs by
				  the parent upon the child's enrollment.
1. When a child with special needs is
				admitted, the provider 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 provider 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 provider shall ensure that emergency
				designees responsible for caring for or teaching children receive proper
				instructions as to the nature of the child's disability and potential for
				growth and development.
General Authority:
NDCC
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-08,
					 50-11.1-16,
					 50-11.1-17
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-10 - Correction of violations

Current through Supplement No. 393, July, 2024
1. A
				provider shall correct violations noted in a correction order within the
				following times:
a. For a violation of
				subsection 24 of North Dakota Century Code section 50-11.1-02, North Dakota
				Century Code section 50-11.1-02.2, paragraph 5 or 7 of subdivision a of
				subsection 3 of section
				75-03-07.1-02, subdivision b of
				subsection 3 of section
				75-03-07.1-02, or subsection 4 of
				section 75-03-07.1-02, or section
				75-03-07.1-08, within twenty-four
				hours.
b. For a violation of
				subdivision g or h of subsection 1 of North Dakota Century Code section
				50-11.1-17 or all other deficiencies of
				75-03-07.1, within twenty
				days.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-11 - 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 b, c, d, or
				e of subsection 3 of section
				75-03-07.1-02; or subsection 4 of
				section 75-03-07.1-02 for each day that
				the provider has not verified correction, after the allowable time for
				correction of violations ends.
2.
				The department shall assess 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
					 50-11.1-07.4,
					 50-11.1-07.5,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-12 - Restricted self-declaration

Current through Supplement No. 393, July, 2024
The department may issue a restricted
				  self-declaration:
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 the parents that the provider is restricted to operating in
				certain rooms or floors of the residence or from using specified outdoor space
				of the residence.
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 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-13 - Minimum emergency disaster plans

Current through Supplement No. 393, July, 2024
1. Each
				self-declared provider shall establish and post an emergency disaster plan for
				the safety of the children in care. Written disaster plans must be developed 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-03 - 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 family child care.
5. "Child with special needs" means a child
				determined by a medical provider to have or to be at risk for chronic physical,
				developmental, behavioral, or emotional conditions.
6. "Emergency designee" means an individual
				designated by the provider to be a backup staff member for emergency assistance
				or to provide substitute care.
7.
				"Infant" means a child who is younger than twelve months of age.
8. "Medication" is defined as any drug or
				remedy which is taken internally or orally, inhaled, or applied
				topically.
9. "Substitute staff"
				means paid or unpaid staff who work less than thirty-two hours per month and
				are not regularly scheduled for work.
10. "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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-04 - Effect of licensing and display of license

Current through Supplement No. 393, July, 2024
1. The issuance of a license to operate a
				family child care 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.
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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-05 - 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 provider may continue the operation of the family child care
				pending the final administrative determination or until the license expires,
				whichever occurs first, unless continued operation would jeopardize the health
				and safety of the children attending the family child care. 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 family child care 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-06 - Provisional license

Current through Supplement No. 393, July, 2024
1. The department
				may issue a provisional license for the operation of a family child care
				although the applicant or provider 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 provider 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 as the
				provisional license, after the applicant or provider 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-06.1 - 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 the parents that
				the provider is licensed, but is restricted to operating in certain rooms or
				floors of the residence or restricted from using specified outdoor space of the
				residence.
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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-07 - Application for and nontransferability of family child care license

Current through Supplement No. 393, July, 2024
1. An application for a license must be
				submitted to the department in which the family child care is located.
				Application must be made in the form and manner prescribed by the
				department.
2. The license is
				nontransferable and valid only for the premises indicated on the license. A new
				application for a license must be filed upon change of provider or
				location.
3. 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-08.1 - Duties of the provider

Current through Supplement No. 393, July, 2024
1. A
				provider shall be currently certified:
a. 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;
				and
b. In pediatric first aid by a
				program approved by the department.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-09 - Staffing requirements

Current through Supplement No. 393, July, 2024
1. Staffing
				requirements are established by the number of children physically in care at
				the family child care at any given time, rather than total
				enrollment.
2. If a child with
				special needs is admitted to the program, the child's developmental age level
				must be used in determining the number of children for which care may be
				provided.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-02.1,
					 50-11.1-04, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-10 - Minimum qualifications of providers

Current through Supplement No. 393, July, 2024
A provider shall:
1.
				Be at least eighteen years of age;
2. Certify completion of a
				department-approved basic child care course within ninety days of
				licensure;
3. Certify completion of
				a minimum of nine hours of department-approved training related to child care
				annually, including one hour on mandated reporter of suspected child abuse or
				neglect. 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
4.
				Certify completion of one hour of department-approved safe sleep training prior
				to provider providing care to infants and annually thereafter.
General Authority:
NDCC 50-11.1-04,
					 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-12 - Minimum qualifications for all staff members responsible for caring for or teaching children

Current through Supplement No. 393, July, 2024
Each staff member who provides care shall:
1. Be at least fourteen years of age,
				provided that each staff member under age sixteen provides written parental
				consent for employment as a staff member, and the employment arrangements
				comply with North Dakota Century Code chapter 34-07. A member of the immediate
				family of the provider may provide care if the family member is at least twelve
				years of age;
2. Be an individual
				of good physical, cognitive, social, and emotional health and use mature
				judgment when making decisions impacting the quality of child care;
3. Certify completion of a
				department-approved basic child care course within ninety days of
				employment;
4. 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;
5. 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;
6. Certify annual
				completion of one hour of department-approved mandated reporter of suspected
				child abuse or neglect training;
7.
				Certify completion of one hour of department-approved safe sleep training prior
				to staff member providing care to infants and annually thereafter;
				and
8. Receive orientation to the
				family child care program during the first week of employment. The orientation
				must be documented on an orientation certification form and must address the
				following:
a. Emergency health, fire, and
				safety procedures;
b. The
				importance of handwashing and sanitation procedures to reduce the spread of
				infection and disease among children and staff members;
c. Any special health or nutrition
				instructions regarding the children assigned to the staff member;
d. Any special needs of the children assigned
				to the staff member;
e. The planned
				program of activities at the family child care;
f. Rules and policies of the family child
				care; and
g. Child abuse and
				neglect reporting laws.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-12.1 - Minimum qualifications of 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-13 - Minimum health requirements for all applicants,providers, and staff members responsible for caring for or teaching children

Current through Supplement No. 393, July, 2024
1. If the physical, cognitive, social, or
				emotional health capabilities of an applicant, provider, or staff member
				appears questionable, the department may require the individual to present
				evidence of the individual's capability 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 or household member may not use or be under the influence of any illegal
				drugs or alcoholic beverages while caring for children.
General Authority:
NDCC
					 50-11.1-04,
					 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-15 - Minimum standards for provision of transportation

Current through Supplement No. 393, July, 2024
1. Prior to
				licensure, the provider shall establish a written policy governing the
				transportation of children to and from the family child care, if the family
				child care 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 family child care. If the family child care provides
				transportation, the provider 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
				family child care, children must be protected by adequate staff 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-16 - Minimum emergency evacuation and disaster plan

Current through Supplement No. 393, July, 2024
1. Each provider
				shall establish and post an emergency disaster plan for the safety of the
				children in care. Written disaster plans must be developed 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-19 - Admission procedures

Current through Supplement No. 393, July, 2024
1. The provider
				shall request a preadmission visit with the child and the child's parents to
				acquaint the child and the parent with the family child care and its
				surroundings, the other children, and the provider.
2. The provider shall inform parents about
				the family child care, places and times of special activities outside the
				family child care, policies, and emergency procedures, and shall discuss
				information concerning the child to identify and accommodate the child's needs.
				Written policies must include:
a. An
				explanation of how accidents and illnesses will be handled;
b. The methods of developmentally appropriate
				discipline and guidance techniques that are to be used;
c. The process for a parent or staff member
				to report a complaint, a suspected licensing violation, or suspected child
				abuse or neglect;
d. Hiring
				practices and personnel policies for staff members;
e. Informing parents that they may request
				daily reports for their child, including details regarding eating, napping, and
				diapering;
f. Procedure for
				accountability when a child fails to arrive as expected at the family child
				care; and
g. Transportation
				procedures, if the provider provides transportation.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-20 - Program requirements

Current through Supplement No. 393, July, 2024
1. The
				provider shall have a program of daily individual and small group activities
				appropriate to the ages and needs of the children in the family child cam Thfi
				nrnnram must include activities that foster sound social cognitive, emotional,
				and physical growth, developed in consultation with parents as to their
				children's needs. A written daily routine, including mealtimes, rest times,
				planned developmental appropriate activities, free play, and outside time shall
				be available to parents. The daily routine must be flexible enough to allow for
				spontaneous activity as appropriate.
2. The program must be designed with
				intervals of stimulation and relaxation and a balance between periods of active
				play and quiet play or rest. The daily routine must foster the development of
				good health habits and self-discipline, adequate indoor and outdoor play, rest,
				and sleep, with sufficient time and opportunities for various
				experiences.
3. The program must
				provide a variety of educational experiences for all ages of children served
				with an adequate supply of safe play equipment, toys, and materials for indoor
				and outdoor activity. Each family child care shall have enough play materials
				and equipment so each child in attendance may be involved individually or as a
				group.
4. Areas used for napping
				must provide an opportunity for undisturbed rest. The provider shall set
				napping schedules for children according to the children's ages and
				needs.
General Authority:
NDCC
					 50-11.1-04,
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-21 - Minimum standards for food and nutrition

Current through Supplement No. 393, July, 2024
A provider shall serve children nutritious meals or snacks
				  according to the following requirements:
1. When the provider 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 the diets of the children enrolled,
				and served at appropriate hours in a sanitary manner.
2. When parents bring sack lunches for their
				children, the provider shall 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. When a child is in care for more than
				three hours, that child shall receive either a snack or a meal, whichever is
				appropriate to that time of day.
4.
				Children in care during any normal mealtime hour must be served nutritious food
				appropriate to that time of day.
5.
				Children in care after school shall be provided with a snack.
6. Information provided by the children's
				parents regarding special diets, allergies, or other dietary conditions shall
				be adhered to in the feeding schedule and planning of menus.
7. The provider shall serve snacks and meals
				to children in a manner commensurate with their development, using appropriate
				foods, portions, dishes, and eating utensils.
8. The provider or staff member may encourage
				children to eat the food served, but the provider or staff member may not
				coerce or force-feed children.
9.
				The provider shall post a daily or weekly menu for meals and snacks.
General Authority:
NDCC
					 50-11.1-04,
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-21.1 - Minimum sanitation and safety requirements

Current through Supplement No. 393, July, 2024
1. Children shall have received all
				immunizations appropriate for the child's age, as prescribed by the public
				health division of the department, unless the child is medically exempt or
				exempt from immunizations based on religious, philosophical, or moral
				beliefs.
2. Staff members and
				children shall wash their hands, according to recommendations by the federal
				centers for disease control and prevention, before preparing or serving meals,
				after diapering, after using toilet facilities, and after any other procedure
				that may involve contact with bodily fluids. Hand soap and sanitary hand-drying
				equipment, single-use or individually designated cloth towels, or paper towels
				must be available at each sink.
3.
				The provider shall have a statement on file, signed by the child's parents,
				authorizing emergency medical care for each child.
4. The provider shall ensure at least one
				department-approved first-aid kit is maintained and kept in a designated
				location, inaccessible to children, yet readily accessible to staff members at
				all times.
5. The provider shall
				have plans to respond to illness and emergencies, including evacuation in case
				of fire, serious injury, and ingestion of poison.
6. If children in care require medication,
				the provider shall secure written permission and follow proper instructions as
				to the administration of 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. The
				provider shall store medications in an area inaccessible to children.
c. Medications stored in a refrigerator must
				be stored collectively in a spillproof container.
d. The provider 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. Completed medication records must be included in the child's
				record.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-22 - Records

Current through Supplement No. 393, July, 2024
1. A copy of this
				chapter must be kept on the premises and available to staff members at all
				times.
2. The provider shall
				maintain the following records:
a. The child's
				full name, birth date, current home address, legal names of the child's
				parents, and current business and personal telephone numbers where they can be
				reached;
b. A written statement
				from the parents or legal guardian authorizing emergency medical
				care;
c. Names and telephone
				numbers of individuals authorized to take the child from the family child
				care;
d. 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 citing that the child is medically exempt or exempt from immunizations
				based on religious, philosophical, or moral beliefs; and
e. A current health assessment or a health
				assessment statement completed by the parent, obtained at the time of initial
				enrollment of the child, that must indicate any special precautions for diet,
				medication, or activity. This assessment shall be completed annually.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-23 - 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 denial or revocation of a provider's
				  license.
1. 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.
2. Authority to discipline may not be
				delegated to or be administered by children.
3. 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 a
				staff member responsible for caring for or teaching children. A child may not
				be isolated in a locked room or closet.
4. A child may not be punished for lapses in
				toilet training.
5. A staff member
				may not use verbal abuse or make derogatory remarks about the child, the
				child's family, race, or religion when addressing a child or when in the
				presence of a child. A staff member may not use profane, threatening, unduly
				loud, or abusive language in the presence of a child.
6. 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.
7. A staff
				member may not use deprivation of snacks or meals as a form of discipline or
				punishment.
8. A staff member,
				household member, or any other adult in the family child care may not kick,
				punch, spank, shake, pinch, bite, roughly handle, strike, mechanically
				restrain, or physically maltreat a child.
9. A staff member may not force a child to
				ingest substances that would cause pain or discomfort, for example, placing
				soap in the mouth of a child to deter the child from biting other
				children.
10. 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-24 - Specialized types of care and minimum requirements

Current through Supplement No. 393, July, 2024
1.
Infant
				care.
a. Environment and interactions.
(1) A provider serving children from birth to
				twelve months shall provide an environment which protects the children from
				physical harm.
(2) The provider
				shall ensure that each infant receives positive stimulation and verbal
				interaction with a staff member responsible for caring for or teaching
				children, such as being held, rocked, talked with, or sung to.
(3) The staff members responsible for caring
				for or teaching children or emergency designee shall respond promptly 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 provider 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, and
				uncluttered area.
(5) Staff members
				responsible for caring for or teaching children shall take children outdoors or
				to other areas within the family child care for a part of each day to provide
				some change of physical surroundings and to interact with other
				children.
(6) The provider shall
				ensure that infants are not shaken or jostled.
(7) The provider 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.
(8) The provider 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-25 - Minimum requirements for care of children with special needs

Current through Supplement No. 393, July, 2024
A provider shall make appropriate accommodations, as required
				  by the Americans with Disabilities Act, to meet the needs of children with
				  special needs. The provider shall receive documentation of the child's special
				  needs by the parent upon the child's enrollment.
1. When children with special needs are being
				cared for, the provider 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 orovider 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 of the special needs,
				definition of the diagnosis, and general information for emergency and required
				care such as usual medications and procedures.
2. The provider 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
					 50-11.1-04,
					 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 75-03-08 - Family Child Care Early Childhood Services › Section 75-03-08-27 - Effect of conviction on licensure and employment

Current through Supplement No. 393, July, 2024
1. An applicant or provider may not be, and a
				family child care may not employ or allow, in any capacity that involves or
				permits contact between the emergency designee, staff member, or household
				member and any child cared for by the family child care, a provider, emergency
				designee, staff member, or household member who has been found guilty of, pled
				guilty to, or pled no contest to:
a. An
				offense described in North Dakota Century Code chapter 12.1-16, homicide;
				12.1-18, kidnapping; 12.1-27.2, sexual performances by children; or 12.1-41,
				Uniform Act on Prevention of and Remedies for Human Trafficking; or in North
				Dakota Century Code section 12.1-17-01, simple assault; 12.1-17-01.1, assault;
				12.1-17-01.2, domestic violence; 12.1-17-02, aggravated assault; 12.1-17-03,
				reckless endangerment; 12.1-17-04, terrorizing; 12.1-17-06, criminal coercion;
				12.1-17-07, harassment; 12.1-17-07.1, stalking; 12.1-17-12, assault or homicide
				while fleeing a police officer; 12.1-20-03, gross sexual imposition;
				12.1-20-03.1, continuous sexual abuse of a child; 12.1-20-04, sexual
				imposition; 12.1-20-05, corruption or solicitation of minors; 12.1-20-05.1,
				luring minors by computer or other electronic means; 12.1-20-06, sexual abuse
				of wards; 12.1-20-07, sexual assault; 12.1-21-01, arson; 12.1-22-01, robbery;
				12.1-22-02, burglary, if a class B felony under subdivision b of subsection 2
				of that section; 12.1-29-01, promoting prostitution; 12.1-29-02, facilitating
				prostitution; 12.1-31-05, child procurement; 14-09-22, abuse of child; or
				14-09-22.1, neglect of child;
b. An
				offense under the laws of another jurisdiction which requires proof of
				substantially similar elements as required for conviction under any of the
				offenses identified in subdivision a; or
c. An offense, other than an offense
				identified in subdivision a or b, if the department in the case of an
				applicant, provider, or household member, or the provider in the case of a
				staff member or emergency designee, determines that the individual has not been
				sufficiently rehabilitated. An offender's completion of a period of five years
				after final discharge or release from any term of probation, parole, or other
				form of community corrections or imprisonment, without subsequent charge or
				conviction, is prima facie evidence of sufficient rehabilitation.