North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-14.1 - Shelter Care Program Certification › Section 75-03-14.1-05.1 - Background check and criminal conviction - Effect on operation of agency or employment or placement by agency

Current through Supplement No. 393, July, 2024
1. The
				department requires an initial fingerprint-based criminal background check for
				each employee with direct contact with residents and a criminal background
				check for each nonemployee with direct contact with residents. Subsequent
				fingerprint-based background checks are not required for an employee who
				maintains continuous employment at the shelter care program unless the program
				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 and criminal background check. An annual
				child abuse and neglect index must be completed and placed in the employee or
				nonemployee file.
3. A shelter care
				program supervisor may not be, and a shelter care program may not employ or
				place, in any capacity that involves or permits contact between an employee or
				nonemployee and any resident cared for by the shelter care program, 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; 12.1-41, Uniform Act on Prevention of 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; 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 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 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.