NDAC 75-03-08-28
Child abuse and neglect decisions
Cite as N.D. Admin. Code ยง 75-03-08-28
1.
A provider shall ensure safe care for the children receiving services in the provider's family
child care. If a confirmed decision made under North Dakota Century Code chapter 50-25.1 or
a similar finding in another jurisdiction which requires proof of substantially similar elements
exists, indicating that a child has been abused or neglected by an applicant, provider,
emergency designee, staff member, or household member, that decision has a direct bearing
on the applicant's or provider's ability to serve the public in a capacity involving the provision
of child care, and the application or license may be denied or revoked. If a confirmed
determination under North Dakota Century Code chapter 50-25.1 or a similar finding in
another jurisdiction which requires proof of substantially similar elements exists, indicating that
any child has been abused or neglected by the applicant, provider, emergency designee, staff
member, or household member, the applicant or provider shall furnish information satisfactory
to the department, from which the department can determine the applicant's, provider's, or
staff member's ability to provide care that is free of abuse and neglect. The department shall
furnish the determination of current ability to the applicant or provider.
2.
Each applicant, provider, emergency designee, and staff member in the family child care shall
complete, and the provider shall submit to the department, a department-approved
authorization for background check form no later than the first day of employment.
3.
Household members age twelve and older shall complete, and the provider shall submit to the
department, a department-approved authorization for background check form at the time of
application, relicensure, or upon obtaining residence at the location of the family child care.