North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-18 - Background checks and criminal conviction - Effect on operation of agency or employment by agency

Current through Supplement No. 393, July, 2024
1. The department
				requires an initial fingerprint-based criminal background check for each
				employee or nonemployee with direct contact with clients. Subsequent
				fingerprint-based background checks are not required for an employee who
				maintains continuous employment at the supervised independent living program
				unless the program or the department determines a need exists to conduct a
				subsequent investigation. Subsequent fingerprint-based background checks for
				nonemployees are not required unless the program or 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 check must be completed and placed in
				the personnel file.
3. An agency
				may not employ an employee or place a nonemployee, in any capacity that
				involves or permits contact between an employee or nonemployee and any client
				provided supervised independent living programming by the agency, an individual
				who is 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;
				or 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 section 2 of that section or 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; 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
				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
				conviction, is prima facie evidence of sufficient rehabilitation.