North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14 - Family Foster Home for Children › Section 75-03-14-04.1 - Background Checks and Criminal Conviction - Effect on Licensure, Certification, or Approval

Current through Supplement No. 393, July, 2024
1. The department
				requires an initial fingerprint-based criminal background check for each
				applicant and adult household member residing in the dwelling. Subsequent
				fingerprint-based background checks are not required when a foster care
				provider maintains continuous licensure, certification, or approval, unless the
				authorized licensing agent, supervising agency, or the department determines a
				need exists to conduct a subsequent investigation.
2. The department requires a child abuse and
				neglect index check as part of the initial fingerprint-based background check.
				An annual child abuse and neglect index must be completed and placed in the
				licensing, certification, or approval file.
3. A foster care provider, or adult household
				members residing in the dwelling must not be known to have been found guilty
				of, pled guilty to, or pled no contest to:
a.
				An offense described in North Dakota Century Code chapter 12.1-16, homicide;
				12.1-17, assaults - threats - coercion - harassment; 12.1-18, kidnapping;
				12.1-27.2, sexual performances by children; 12.1-41, Uniform Act on Prevention
				of and Remedies for Human Trafficking; or 19-03.1, Uniform Controlled Substance
				Act, if class A, B, or C felony under that chapter; or in North Dakota Century
				Code section 12.1-20-03, gross sexual imposition; 12.1-20-03.1, continuous
				sexual abuse of a child; 12.1-20-04, sexual imposition; 12.1-20-05, corruption
				or solicitation of minors; 12.1-20-05.1, luring minors by computer or other
				electronic means; 12.1-20-06, sexual abuse of wards; 12.1-20-07, sexual
				assault; 12.1-20-12.3, sexual extortion; 12.1-21-01, arson; 12.1-22-01,
				robbery, if a class A or B felony under subsection 2 of that section;
				12.1-22-02, burglary, if a class B felony under subdivision b of subsection 2
				of that section; 12.1-29-01, promoting prostitution; 12.1-29-02, facilitating
				prostitution; or 12.1-31-05, child procurement; 12.1-31-07, endangering an
				eligible adult - penalty; 12.1-31-07.1, exploitation of an eligible adult -
				penalty; 14-09-22, abuse of 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 determines that the
				individual has not been sufficiently rehabilitated.
(1) The department will not consider a claim
				that the individual has been sufficiently rehabilitated until any term of
				probation, parole, or other form of community corrections or imprisonment for
				all other criminal convictions has elapsed.
(2) An offender's completion of a period of
				five years after final discharge or release from any term of probation, parole,
				or other form of community corrections or imprisonment, without subsequent
				charge or conviction, is prima facie evidence of sufficient
				rehabilitation.