NDAC 75-03-11.1-28
Child abuse and neglect decisions
Cite as N.D. Admin. Code ยง 75-03-11.1-28
An operator shall ensure safe care for the children receiving services in the school-age child care
program.
1.
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, owner, operator, director,
supervisor, emergency designee, substitute staff member, staff member, or household
member, that decision has a direct bearing on the applicant's, owner or operator'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 a child has been abused or neglected by
the applicant, owner, operator, director, supervisor, emergency designee, substitute staff
member, staff member, or household member, the applicant or operator shall furnish
information satisfactory to the department from which the department can determine the
applicant's, owner, operator's, director's, supervisor's, emergency designee's, substitute staff
member'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 operator.
2.
Each applicant, owner, operator, director, supervisor, emergency designee, substitute staff
member, and staff member shall complete, and the operator 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 operator 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 school-age child
care.