reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-03 - Application approval process

Current through Supplement No. 393, July, 2024
1. At least
				annually, the department shall request applications from nursing facilities,
				basic care facilities, and assisted living facilities for loans for renovation
				projects. The department shall establish a calendar for receiving and
				evaluating proposals. Applicants shall submit documents outlined in the request
				for applications by the dates indicated by the calendar.
2. For each stage of the application process,
				the advisory committee shall review the documents submitted by the applicants
				and make a recommendation to the department regarding the proposed projects.
3. The Bank of North Dakota shall
				review all loan applications prior to final approval by the department. The
				Bank of North Dakota may request any financial information it deems necessary
				for its review of a loan application.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 50-30-04,
					 50-30-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-04 - Eligible applicants

Current through Supplement No. 393, July, 2024
The department may approve loans to the following entities
				  renovating an existing nursing facility, basic care facility, or assisted
				  living facility:
1. A nursing
				facility located in North Dakota which is enrolled, as of the date of the
				application, as a provider under the medical assistance program;
2. An entity enrolled, as of the date of the
				application, as a basic care provider in North Dakota; or
3. An entity registered, as of the date of
				application, as an assisted living facility in North Dakota.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 50-30-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-05 - Loans

Current through Supplement No. 393, July, 2024
1. Subject to limitations in this chapter,
				the department may approve loans for costs related to the renovation of a
				nursing facility, basic care facility, or assisted living facility.
2. The interest rate for loans distributed
				from the long-term care facility loan fund is two percent of the outstanding
				principal balance of the loan.
3.
				The department shall approve loans to the extent funds are available based on
				the criteria set forth in this chapter. The department's denial of an
				application for a loan does not preclude an entity from making future
				applications.
4. Effective July 1,
				2001, projects converting nursing facility bed capacity to basic care bed
				capacity shall be given preference for a loan.
5. The department shall not approve loans to
				renovate an assisted living facility unless the facility can demonstrate that
				accommodations or housing costs are affordable to individuals eligible for
				assistance.
6. Loan funds may not
				be awarded for costs that are payable through other state, local, or federal
				programs.
7. Loan funds may not be
				awarded to refinance debt.
8. Loan
				funds may not be awarded for new construction whether attached or detached from
				an existing building.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 50-30-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-06 - Limits

Current through Supplement No. 393, July, 2024
1. To be eligible for a loan to renovate a
				nursing facility, basic care facility, or assisted living facility, an entity
				shall provide at least ten percent of the total cost of renovation. Loan funds
				available for renovation are limited to the lesser of one million dollars or
				ninety percent of the actual cost of renovation.
2. Grant funds are payable upon receipt of a
				claim or submission of a cost report identifying expenses incurred. An entity
				shall request grant funds within six months after incurring the cost, except
				when requesting grant funds for operating losses. Grant funds awarded for
				operating losses are payable on a quarterly or yearly basis upon submission of
				a cost report. If reimbursement is requested on a quarterly basis, the amount
				reimbursed for the first three quarters may not exceed ninety percent of the
				total amount of the grant awarded for the first-year operating loss. A final
				cost report must be filed no later than eighteen months following the start of
				operation for final reimbursement. Grant funds reimbursed in excess of the
				allowable first-year operating loss must be refunded to the department within
				thirty days of notification by the department to the entity. In addition to
				other remedies provided by law, the department may deduct the amount of any
				refund due from an entity from any money owed by the department to the entity
				or the entity's successor in interest.
3. The department may not pay grant funds or
				approve loans for costs incurred by an entity for services or items furnished
				by a related organization that exceed the lower of:
a. The cost to the related organization;
b. The amount charged the entity
				by the related organization; or
c.
				The price of comparable services, facilities, or supplies purchased elsewhere
				primarily in the local market.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-08 - Startup costs

Current through Supplement No. 393, July, 2024
Grant awards for startup costs are limited to approved
				  applications submitted prior to July 1, 2001.
1. Startup costs are those costs incurred by
				an entity prior to providing services and while developing the ability to
				provide services. Startup costs generally include the costs of obtaining staff,
				training and education, and other operating costs incurred while developing the
				ability to provide services. Startup costs must be reasonable, necessary, and
				related to assisted living, basic care, or other alternative to nursing
				facility care.
2. An entity
				awarded a grant for startup costs must request payment of grant funds no later
				than six months following the date the entity begins providing services.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 50-30-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-09 - Operating loss

Current through Supplement No. 393, July, 2024
Grant awards for operating losses are limited to approved
				  applications submitted prior to July 1, 2001.
1. First-year operating losses are operating
				losses incurred by an entity after July 1, 1999, for the first twelve months of
				operation following the date an entity begins providing basic care services,
				assisted living services, or other alternative to nursing facility care. Grants
				for operating losses shall not exceed the difference between expenses and
				revenues related to providing the services.
2. Operating expenses shall include only
				necessary, reasonable, and actual expenses related to the project and incurred
				while providing services.
3.
				Operating expenses shall not include costs that are not appropriate, necessary,
				or proper for the development or operation of the project. These costs include
				personal expenses of the owners or employees, good will, donations, startup
				costs, political contributions, fines or penalties, bad debt, fundraising
				costs, loss contingencies, or extraordinary losses.
4. Principal and interest rather than
				depreciation and interest shall be used when determining the operating loss.
5. Operating revenue shall include
				all revenue received for providing services, but does not include donation
				income.
6. An entity awarded a
				grant for operating losses may request payment of grant funds on a quarterly or
				yearly basis by submitting a cost report on forms prescribed by the department.
				The entity shall submit a final cost report no later than eighteen months
				following the start of operation.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 50-30-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-10 - Records and reporting

Current through Supplement No. 393, July, 2024
1. An entity
				that receives loan funds shall annually submit to the department cost reports,
				on forms prescribed by the department, for a period of ten years following the
				datethe entity closes the loan.
2.
				When services are provided in a facility sharing services with a licensed
				nursing facility or basic care facility, the allocation methods set forth in
				chapter 75-02-06 or
				75-02-07 shall apply.
3. The entity shall maintain, for a period of
				not less than three years following the date of submission of the cost report
				to the department, accurate financial and statistical records of the period
				covered by the cost report in sufficient detail to substantiate the cost data
				reported. The entity shall make such records available to the department upon
				demand.
4. The entity shall
				maintain complete and separate records regarding loan and grant expenditures.
5. The entity shall maintain
				occupancy or use statistics that separately identify individuals who are not
				eligible for assistance from individuals eligible for assistance.
6. The entity shall request payment of grant
				funds on forms prescribed by the department.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 50-30-07
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-11 - Nursing facility licensed bed capacity reduction incentive payments

Current through Supplement No. 393, July, 2024
The department shall make an incentive payment, to the extent
				  funds are available, to a nursing facility that offers to delicense beds based
				  on criteria set forth in this chapter.
1. The department may pay an incentive:
a. Up to fifteen thousand dollars per
				licensed nursing facility bed to a nursing facility that reduces all of its
				licensed bed capacity;
b. Up to
				twelve thousand dollars per licensed nursing facility bed to a nursing facility
				that reduces its licensed nursing facility bed capacity by at least eight beds;
				or
c. Up to eight thousand dollars
				per licensed nursing facility bed to a nursing facility that reduces its
				licensed nursing facility capacity by seven or fewer beds.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-34 - Licensing of Assisted Living Facilities › Section 75-03-34-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Assisted living facility" means a building or structure
				  containing a series of at least five living units operated as one entity to
				  provide services for five or more individuals who are not related by blood,
				  marriage, or guardianship to the owner or manager of the entity and which is
				  kept, used, maintained, advertised, or held out to the public as a place that
				  provides or coordinates individualized support services to accommodate the
				  individual's needs and abilities to maintain as much independence as possible.
				  An assisted living facility does not include a facility that is a congregate
				  housing facility, licensed as a basic care facility, or licensed under North
				  Dakota Century Code chapter 23-16 or 25-16 or section
				  50-11-01.4.
2. "Department" means the North Dakota department of human
				  services.
3. "Entity" means an individual, institution, organization,
				  limited liability company, or corporation, whether or not organized for profit.
4. "Individualized support services" means services provided
				  to individuals who may require assistance with the activities of daily living
				  of bathing, dressing, toileting, transferring, eating, medication management,
				  and personal hygiene.
5. "Living unit" means a portion of an assisted living
				  facility that contains a sleeping area, an entry door that can be locked, and a
				  private bath with a toilet, bathtub or shower, and sink and which is occupied
				  as the living quarters of an individual who has entered into a lease agreement
				  with the assisted living facility.
6. "Medication management" means providing assistance to an
				  assisted living facility tenant with prescribed medications.
7. "Related by blood or marriage to the owner or manager"
				  means an individual who is a spouse or former spouse of the owner or manager or
				  is a parent, stepparent, grandparent, stepgrandparent, child, stepchild,
				  grandchild, stepgrandchild, brother, sister, half-brother, half-sister,
				  stepbrother, or stepsister of the owner or manager or the owner or manager's
				  spouse or former spouse.
General Authority: NDCC
					 50-32-03
Law Implemented: NDCC
					 50-32-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-34 - Licensing of Assisted Living Facilities › Section 75-03-34-02 - Licensing

Current through Supplement No. 393, July, 2024
1. An assisted living facility shall apply to
				the department for a license in the form and manner prescribed by the
				department. The department shall notify a licensed assisted living facility of
				the need to renew its license at least sixty days prior to expiration of that
				license. The notice must include the form required to renew a
				license.
2. An application for a
				license is not complete until the applying assisted living facility submits all
				required information and verification to the department.
3. The department shall approve or deny an
				application for a license within thirty days of the department's receipt of
				complete application materials from an assisted living facility.
4. In order to receive and maintain a
				license, an assisted living facility shall:
a. Pay a licensing fee of seventy-five
				dollars to the department annually. The licensing fee shall not be prorated nor
				is any part refundable;
b. Maintain
				a written agreement with each tenant that includes the rates for rent and
				services provided to the tenant, payment terms, refund policies, rate changes,
				tenancy criteria, and living unit inspections;
c. Provide each tenant with written notice of
				how a tenant may report a complaint regarding the assisted living facility,
				which includes the telephone number of the department's senior info-line and
				the address of the aging services division of the department; and
d. Certify that operation of its facility is
				in compliance with all applicable federal, state, and local laws and, upon
				request, make available to the department copies of current certifications,
				licenses, permits, and other similar documents evidencing compliance with such
				laws.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-34 - Licensing of Assisted Living Facilities › Section 75-03-34-03 - Revocation of license

Current through Supplement No. 393, July, 2024
1. The department
				may deny or revoke an assisted living facility's license if:
a. The application for a license or renewal
				of a license or supporting documents contain fraudulent or untrue
				representations or if the license was otherwise issued based upon bribery or
				fraudulent or untrue representations;
b. The assisted living facility is in
				violation of this chapter or is unwilling or unable to conform to the
				requirements of this chapter;
c.
				The assisted living facility, or the premises proposed for the assisted living
				facility, is not or will not be maintained according to this chapter;
d. The assisted living facility is
				denied any license necessary under federal, state, or local law or such license
				has been revoked;
e. The assisted
				living facility refuses to allow the department access to any material or
				information necessary to determine compliance with licensing requirements; or
f. The assisted living facility
				demonstrates a pattern of failing to abide by the terms of its contract with
				tenants.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-34 - Licensing of Assisted Living Facilities › Section 75-03-34-04 - Complaints

Current through Supplement No. 393, July, 2024
1. The department shall receive complaints
				made by, or on behalf of, assisted living facility tenants. The department
				shall forward complaints regarding assisted living facilities to the
				appropriate agency, entity, or program for investigation.
2. The department shall request the agency to
				which complaints are referred to report its findings and disposition of the
				complaint to the department.
General Authority: NDCC
					 50-32-03
Law Implemented: NDCC
					 50-32-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-34 - Licensing of Assisted Living Facilities › Section 75-03-34-05 - Enforcement

Current through Supplement No. 393, July, 2024
1. The department shall provide written
				notice of the need for a license to any individual, institution, organization,
				limited liability company, or public or private corporation that provides
				assisted living services or uses the term assisted living in its marketing
				which does not have a license issued by the department.
2. Sixty days after the written notification
				of noncompliance with annual licensing, the department may assess a fine of up
				to fifty dollars per day against any individual, institution, organization,
				limited liability company, or public or private corporation that provides
				assisted living services or uses the term assisted living in its marketing
				without a license issued by the department.
General Authority: NDCC
					 50-32-03
Law Implemented: NDCC
					 50-32-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-35 - Provision of Medical Food and Low-Protein Modified Food Products to Individuals with Phenylketonuria and Maple Syrup Urine Disease › Section 75-03-35-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. "At cost" means the actual cost of the medical food plus
				  vendor shipping and handling charges and postage costs incurred by the
				  department.
2. "Department" means the North Dakota department of human
				  services.
3. "Government program" includes North Dakota medicaid,
				  healthy steps, children's health insurance plan, and women, infants, and
				  children nutrition program.
4. "Low-protein modified food product" means a food product
				  that is specially formulated to have less than one gram of protein per serving
				  and is intended to be used under the direction of a physician for the dietary
				  treatment of a metabolic disease. The term does not include a food that is
				  naturally low in protein.
5. "Maple syrup urine disease" means an inborn error of
				  metabolism, referred to as MSUD.
6. "Medicaid" means a program implemented pursuant to North
				  Dakota Century Code chapter 50-24.1 and
				  42 U.S.C.
				  1396 et seq. to furnish medical assistance,
				  as defined in 42 U.S.C.
				  1396(d)(a), to persons
				  determined to be eligible.
7. "Medical food" means a food that is intended for the
				  dietary treatment of a disease or condition for which nutritional requirements
				  are established by medical evaluation and is formulated to be consumed or
				  administered under the direction of a physician.
8. "Medically necessary" means use of low-protein modified
				  food products for the treatment of phenylketonuria or maple syrup urine
				  disease, which is recommended based on standards of accepted medical practice.
9. "Phenylketonuria" means an inborn error of metabolism,
				  referred to as PKU.
10. "Qualified health care provider" means a physician who is
				  licensed to practice medicine, a multidisciplinary metabolic clinic team, or a
				  licensed, registered dietitian.
11. "Resident" means an individual with phenylketonuria or
				  maple syrup urine disease who lives within the state of North Dakota with the
				  intent to make it a fixed and permanent abode and manifests the genuineness of
				  that intent by establishing an ongoing physical presence within the state with
				  indicia that such presence is something other than merely transitory in nature.
12. "Treatment services" means provision of medical food and
				  low-protein modified food products.
General Authority: NDCC
					 25-17-02
Law Implemented: NDCC
					 25-17-00.1,
					 25-17-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-35 - Provision of Medical Food and Low-Protein Modified Food Products to Individuals with Phenylketonuria and Maple Syrup Urine Disease › Section 75-03-35-02 - Provision of medical food at no cost

Current through Supplement No. 393, July, 2024
1.
				The department shall provide medical food at no cost to males under age
				twenty-two and females under age forty-five who are diagnosed with
				phenylketonuria or maple syrup urine disease, regardless of income.
2. The department shall provide medical food
				only to an individual who is a resident of North Dakota.
3. If an individual meets the requirements of
				this chapter, the department shall provide to the individual an initial supply
				of medical food. Within thirty days of the initial request to the department
				for medical food, an individual or the parent or legal guardian of a minor must
				submit the following information to the department before additional medical
				food will be provided:
a. The diagnosis of a
				qualifying condition; the name, address, and telephone number of the
				individual's physician, metabolic clinic team, or dietitian who has recommended
				use of the medical food; and written consent of the individual requesting
				medical food authorizing the physician, metabolic clinic team, or dietitian who
				has recommended use of the medical food to verify to the department in writing
				the diagnosis and recommended treatment; or
b. Documentation from a physician that
				confirms the diagnosis of phenylketonuria or maple syrup urine disease and
				specifies recommended treatment.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-35 - Provision of Medical Food and Low-Protein Modified Food Products to Individuals with Phenylketonuria and Maple Syrup Urine Disease › Section 75-03-35-03 - Sale of medical food at cost

Current through Supplement No. 393, July, 2024
1. The
				department shall offer for sale at cost medical food to males age twenty-two
				and over and females age forty-five and over who are diagnosed with
				phenylketonuria or maple syrup urine disease, regardless of income. The
				individual requesting medical food at cost must make payment to the department
				prior to delivery.
2. The
				department shall sell medical food at cost only to an individual who is a
				resident of North Dakota.
3. If an
				individual meets the requirements of this chapter, the department shall sell at
				cost to the individual an initial supply of medical food. Within thirty days of
				an initial request, an individual requesting medical food at cost must submit
				to the department the following before additional orders will be filled:
a. The diagnosis of a qualifying condition;
				the name, address, and telephone number of the physician, metabolic clinic
				team, or dietitian who has recommended use of the medical food; and written
				consent authorizing the physician, metabolic clinic team, or dietitian who has
				recommended use of the medical food to verify to the department in writing the
				diagnosis and recommended treatment; or
b. Documentation from a physician that
				confirms the diagnosis of phenylketonuria or maple syrup urine disease and
				specifies recommended treatment.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-35 - Provision of Medical Food and Low-Protein Modified Food Products to Individuals with Phenylketonuria and Maple Syrup Urine Disease › Section 75-03-35-04 - Provision of low-protein modified food products

Current through Supplement No. 393, July, 2024
1. The department shall provide low-protein
				modified food products, if medically necessary as determined by a qualified
				health care provider, to males under age twenty-two and females under age
				forty-five who are eligible to receive medicaid benefits and are diagnosed with
				phenylketonuria or maple syrup urine disease.
2. An individual requesting low-protein
				modified food products must be eligible for medicaid benefits at the time of
				the request and must be a resident of North Dakota.
3. If an individual meets the requirements of
				this chapter, the department shall provide to the individual an initial supply
				of low-protein modified food products. Within thirty days of the initial
				request for low-protein modified food products, an individual or the parents or
				legal guardian of a minor must submit the following information to the
				department before additional orders will be filled:
a. The diagnosis of a qualifying condition;
				the name, address, and telephone number of the physician, metabolic clinic
				team, or dietitian who has recommended use of the low-protein modified food
				products, and written consent authorizing the physician, metabolic clinic team,
				or dietitian who has recommended use of the low-protein modified food products
				to verify to the department in writing the diagnosis and recommended treatment;
				or
b. Documentation from a
				physician that confirms the diagnosis of phenylketonuria or maple syrup urine
				disease and specifies recommended treatment.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-35 - Provision of Medical Food and Low-Protein Modified Food Products to Individuals with Phenylketonuria and Maple Syrup Urine Disease › Section 75-03-35-05 - Collaboration with state department of health

Current through Supplement No. 393, July, 2024
The department shall collaborate with the state department of
				  health to implement the medical food program described in this chapter. The
				  department may request information from and provide information to the state
				  department of health regarding individuals with positive screening results for
				  metabolic diseases. The department shall treat such information as confidential
				  as required by law.
General Authority: NDCC
					 25-17-02
Law Implemented: NDCC
					 25-17-03
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 75-03-36-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code chapter 50-12. In addition, as used in this
				  chapter:
1. "Adoption dissolution"
				means a termination of parental rights of an adoptive parent after finalization
				of the same adoption.
2. "Adoption
				placement" means the formal date on which a child, who is legally free for
				adoption, is placed for the purpose of adoption.
3. "Adoption placement disruption" means an
				interruption of an adoption after formal placement and prior to finalization in
				which the child is returned to foster care or placed with another
				family.
4. "Client" means a child,
				birth parent, foster care provider, adoptive parent, or adopted
				individual.
5. "Department" means
				the North Dakota department of health and human services.
6. "Foster care provider" means an individual
				living in a private dwelling who maintains a license, certification, or
				approval from the department to provide family foster care to children in need
				of temporary safety services when placed out of the home.
7. "Legal risk adoptive placement" means
				placement of a child with a prospective adoptive family when the child is not
				legally free for adoption.
8. "Life
				book" means a tool used with children in out-of-home care and children who have
				been adopted to record memories and life events.
9. "Nonemployee" means an individual who is
				not compensated by the child-placing agency, such as a volunteer or student
				intern providing specific services under the supervision of an
				employee.
10. "Perman ent adoption
				record" means all paper or electronic records, and identifying and
				nonidentifying information related to an adopted individual, birth siblings,
				birth parents, or adoptive parents which pertains to an adoption.
11. "Resident child-placing agency" means a
				child-placing agency that maintains an office within this state.
General Authority:
NDCC 50-06-01.4, 50-11-03,
					 50-12-05
Law Implemented:
NDCC 50-06-01.4, 50-11-00.1,
					 50-12-02
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 75-03-36-02 - Application for license

Current through Supplement No. 393, July, 2024
1. An applicant's
				application may not be approved for a license to operate a child-placing agency
				until the department has reviewed the need for the additional child-placing
				agencies. To enable the department to make a determination of need for a new
				child-placing agency, the applicant shall submit an initial application,
				including the following documentation and information, to the department:
a. A detailed plan for the operation of the
				proposed child-placing agency which includes:
(1) The purpose of the child-placing
				agency;
(2) The number, gender, and
				age range of the children to be served;
(3) A description of specific programs
				offered by the prospective child-placing agency;
(4) A written placement policy, forms, and a
				description of the legal procedures which will be used to obtain the authority
				to place the child;
(5) A written
				statement of the fees that will be charged for each service;
(6) The geographic area the prospective
				child-placing agency will serve; and
(7) A proposed budget.
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 75-03-36-03 - License denial or revocation

Current through Supplement No. 393, July, 2024
1. A
				child-placing agency license may be denied or revoked under the terms and
				conditions of North Dakota Century Code chapter 50-12 or by failing to meet the
				minimum requirements of this chapter.
2. If the department decides to deny or
				revoke a license, the department shall notify the child-placing agency in
				writing of its decision and the reasons for denial or revocation, including:
a. The applicant or the licensee is not in
				compliance with all licensure requirements; or
b. The applicant or the licensee has made a
				material misrepresentation to the department regarding its
				operations.
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 75-03-36-04 - Suspension or correction

Current through Supplement No. 393, July, 2024
1. The
				department may require immediate suspension of a child-placing agency license.
a. A child-placing agency may submit a
				written request for review to the department if its license is suspended. The
				written request must include a statement of the disputed facts and the name,
				address, and telephone number of the individual to be contacted regarding the
				review.
b. The request for review
				must be received by the department within five working days after the
				child-placing agency receives written notice of the suspension. The
				child-placing agency may submit supporting documents or affidavits for the
				department to consider during its review.
c. The department shall complete its review
				of the files, records, and other information received from the child-placing
				agency and issue its decision within thirty days after the department receives
				the child-placing agency's request for review.
d. The department's decision constitutes the
				final determination of the suspension. If the department concludes that the
				child-placing agency made a false or misleading report to the department, the
				department will issue a notice of revocation of the child-placing agency's
				license.
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 75-03-36-05 - Resident child-placing agency office requirements

Current through Supplement No. 393, July, 2024
A resident child-placing agency shall maintain a physical
				  office within the state, including an in-state mailing address and an in-state
				  telephone number. The resident child-placing agency must ensure that at minimum
				  the child placement coordinator maintains an onsite in-state presence, unless
				  otherwise approved by the department.
General Authority:
NDCC 50-11-03,
					 50-12-05
Law Implemented:
NDCC
					 50-12-02.1
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 75-03-36-07 - Administrator

Current through Supplement No. 393, July, 2024
1. The
				governing body of the child-placing agency shall designate an administrator and
				shall clearly define, in writing, the responsibilities of the
				administrator.
2. The administrator
				shall:
a. Plan and coordinate with the
				governing body approval of new policies and procedures related to personnel,
				program, and administrative operations and shall maintain the policies and
				procedures required by this chapter.
b. Ensure that the governing body is kept
				informed of matters affecting the child-placing agency's finances, operation,
				and provision of services.
c.
				Ensure employment of qualified employees.
d. Ensure that the child-placing agency and
				its services are made known to the community.
e. Maintain a current organizational chart
				showing the child-placing agency's lines of accountability and
				authority.
f. Maintain a records
				retention policy that ensures adoption files are maintained permanently and
				adoption files which do not result in an adoption, adoption search files, and
				foster care files are retained according to child-placing agency retention
				schedule.
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 75-03-36-09 - Personnel files

Current through Supplement No. 393, July, 2024
1. The
				child-placing agency shall maintain an individual file for each employee. The
				file must include:
a. Inventory detailing
				first and last date of employment, reason employment ended, training totals per
				year, and performance evaluation dates.
b. The application for employment, including
				a record of previous employment.
c.
				Documentation of information obtained from an employee's references, if
				applicable.
d. Verification of any
				required license or qualification necessary for the position assigned to the
				employee.
e. A job description
				specifying the employee's role and responsibilities.
f. A statement signed by the employee
				acknowledging the confidentiality policy.
g. Annual performance evaluations.
h. Orientation and training
				records.
i. Evidence of the
				employee having read and received a copy of the law and child-placing agency
				procedures requiring the reporting of suspected child abuse and neglect, North
				Dakota Century Code chapter 50-25.1, initially upon hire and annually
				thereafter.
j. Results of a
				fingerprint-based criminal history record check and child abuse and neglect
				record.
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 75-03-36-10 - Employee functions and qualifications

Current through Supplement No. 393, July, 2024
1. The child-placing agency shall employ or
				contract with service providers to perform necessary child-placing agency
				functions. Required employees and their qualifications include:
a. Administrator. The administrator shall
				provide for the general management and administration of the child-placing
				agency in accordance with the licensing requirements and policies of the
				child-placing agency's governing body. The administrator must have a bachelor's
				degree in business or public administration, social work, behavioral science,
				or a human services field and have a minimum of four years of related
				professional experience.
b.
				Supervisor. The supervisor shall supervise, evaluate, and monitor the work
				progress of the placement employee. The supervisor must have a bachelor's
				degree in a behavioral science field and must be licensed as required by the
				field of practice and have a minimum of two years of experience or must have a
				master's degree in a behavioral science field. The supervisor must be licensed
				as required by the field of practice.
c. Child placement coordinator. The child
				placement coordinator shall perform intake services; provide case management
				for children and families; recruit and assess foster and adoptive homes; and
				plan and coordinate resources for children and families. The child placement
				coordinator must have a bachelor's degree in a behavioral science field and
				must be licensed as required by the field of practice.
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 75-03-36-11 - Employee professional development

Current through Supplement No. 393, July, 2024
1.
				The child-placing agency shall ensure that the supervisor and child placement
				coordinator receive at least ten hours of training per year with evidence of
				completion in the employee file. Activities related to orientation and
				supervision of the employees and routine tasks are not training activities for
				the purpose of this requirement.
2.
				Prior to a new employee working independently, the child-placing agency shall
				provide orientation training to the employee covering all of the following
				areas, with evidence of completion present in the employee file:
a. Child-placing agency philosophy and
				program goals;
b. Administrative
				procedures, policies, and protocols;
c. Personnel policies;
d. Expected employee conduct with coworkers
				and clients;
e. Protocol for
				identifying and reporting child abuse and neglect; and
f. Disaster plan.
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 75-03-36-14 - Nonemployees

Current through Supplement No. 393, July, 2024
1. A
				child-placing agency that utilizes nonemployees who work directly with children
				and families on a regular basis shall:
a.
				Develop and provide a description of duties and specified
				responsibilities;
b. Require
				personal references, if applicable;
c. Designate an employee to supervise and
				evaluate nonemployees;
d. Develop a
				plan for orientation and training of nonemployees which includes education on
				the legal requirements for confidentiality, training in the philosophy of the
				child-placing agency, and the needs of children and families served by the
				child-placing agency;
e. Maintain
				documentation that the nonemployee has read and received a copy of the law and
				child-placing agency procedures requiring the reporting of suspected child
				abuse and neglect, North Dakota Century Code chapter 50-25.1, initially and
				annually thereafter;
f. Require
				that a volunteer sign a statement of confidentiality; and
g. Require each nonemployee to successfully
				complete a fingerprint-based criminal background check and a child abuse and
				neglect index check prior to allowing the nonemployee to have unsupervised
				contact with children.
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 75-03-36-16 - Child abuse and neglect

Current through Supplement No. 393, July, 2024
1. The
				child-placing agency shall follow the mandated procedures for reporting child
				abuse and neglect as outlined in North Dakota Century Code section 50-25.1-03.
				Upon hire and annually thereafter, all employees and nonemployees shall certify
				having read the law requiring the reporting of suspected child abuse and
				neglect, North Dakota Century Code chapter 50-25.1, and having read and
				received a copy of the child-placing agency's written child abuse and neglect
				procedures. All employees and nonemployees are required to report suspected
				child abuse and neglect.
2. The
				child-placing agency shall develop policy for handling any suspected incidents
				of child abuse or neglect involving a child-placing agency employee,
				nonemployee, foster care provider, prospective foster care provider, adult
				household member, or prospective adoptive parent. These procedures must
				include:
a. A provision that ensures any
				individual having knowledge of or reasonable cause to suspect that a child is
				abused or neglected reports the circumstances to child protection
				intake;
b. A provision for
				preventing a recurrence of the alleged incident pending an assessment;
				and
c. Approval from the department
				indicating the individual is determined rehabilitated if the child-placing
				agency employee, nonemployee, foster care provider, adult household member, or
				prospective adoptive parent has been the subject of a confirmed decision in a
				report of child abuse or neglect or has been convicted of a direct bearing
				offense.
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 75-03-36-17 - Incident and sentinel event reporting

Current through Supplement No. 393, July, 2024
The child-placing agency shall have written policy outlining
				  the documentation and reporting of incidents and sentinel events that occur
				  while a child is in a foster care or adoption placement prior to the adoption
				  finalization. The policy must include:
1. A description of an incident involving
				harassment, violence, discrimination, or an unplanned occurrence that resulted
				or could have resulted in injury to people or damage to property, specifically
				involving the general public, child in placement, foster care provider,
				prospective adoptive parents, or child-placing agency employee or
				nonemployee.
2. A description of an
				incident involving law enforcement, including in the case of a runaway,
				criminal activity, behavior resulting in harm to others, or restraint
				injury.
3. A description of a
				sentinel event as an unexpected occurrence involving death, serious injury or
				psychological injury not related to the natural causes of a client's illness or
				underlying condition, including any process variation for which a reoccurrence
				would carry a significant chance of a serious adverse outcome. Sentinel events
				include serious injury or trauma to a client, attempted suicide by the client,
				death of a client, or inappropriate sexual contact.
4. A requirement that notification must be
				made to custodian, parent, or guardian and the department immediately or within
				one business day.
General Authority:
NDCC 50-11-03,
					 50-12-05
Law Implemented:
NDCC
					 50-12-07
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 75-03-36-18 - Disaster plan

Current through Supplement No. 393, July, 2024
The child-placing agency shall have a written disaster plan
				  to accommodate emergencies. The disaster plan must specify:
1. Employee roles and
				responsibilities;
2. Processes to
				ensure ongoing communication is maintained with children in placement, foster
				care providers, or prospective adoptive parents and employees;
3. Primary and alternate plans for evacuation
				to ensure continuity of services, including workspace and ongoing access to
				relevant child-placing agency files; and
4. Supervision of employees, nonemployees,
				children in placement, foster care providers, and prospective adoptive parents
				after evacuation or relocation.
General Authority:
NDCC 50-11-03,
					 50-12-05
Law Implemented:
NDCC
					 50-12-07
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 75-03-36-19 - Confidentiality and retention of files

Current through Supplement No. 393, July, 2024
1. The child-placing agency shall have
				written procedures for safeguarding the confidentiality of records.
2. Except as otherwise provided in this
				section and North Dakota Century Code section 14-15-16, child-placing agency
				records concerning children and families who have received, are receiving, or
				seek to receive services must be safeguarded and may be made available only:
a. To employees and nonemployees of the
				child-placing agency, to the extent reasonably necessary for the performance of
				their duties;
b. To persons
				authorized by a custodian, parent, or guardian who may lawfully review a
				child's record;
c. In a judicial
				proceeding;
d. To officers of the
				law or board specific to a criminal investigation; and
e. As required by law.
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 75-03-36-21 - Quality assurance

Current through Supplement No. 393, July, 2024
A child-placing agency shall have a performance and providing
				  quality improvement plan that ensures licensing compliance, advances service
				  delivery, reviews management practices, and measures the achievement of program
				  goals and outcomes. Quality assurance must include:
1. A process for reviewing the case plans for
				each child to evaluate the continued appropriateness;
2. A process for reviewing select child,
				foster or adoptive families, and personnel files quarterly to ensure quality of
				services being provided; and
3. A
				process for reviewing the child-placing agency's policies, procedures, and
				practices.
General Authority:
NDCC 50-11-03,
					 50-12-05
Law Implemented:
NDCC
					 50-12-05