NDAC 75-03-14-04
Qualifications of individuals residing in the dwelling
Cite as N.D. Admin. Code ยง 75-03-14-04
1.
An applicant for licensure, certification, or approval must:
a.
Be age twenty-one years or greater;
b.
Be financially stable with reasonable income or resources available to the foster care
provider to properly care for children; and
c.
Have functional literacy, demonstrating their ability to read communications delivered by
the authorized licensing agent or supervising agency, policy, child care plans, and
medication labels.
2.
An individual may not smoke or vape in the foster care provider's dwelling or in an enclosed
area when the child in foster care is present.
3.
A household member, not including a child in foster care, may not exhibit symptoms of a
mental health or behavioral health condition, including substance use, that inhibit the
applicant's ability to provide care to children.
a.
Upon initial licensing, certification, or approval, an applicant or household member may
not have symptoms of a mental health or behavioral health condition, including
substance use, inhibiting the applicant's ability to provide care to children for a period of
at least twelve months.
b.
Throughout licensing, certification, or approval periods, if an applicant or household
member is experiencing symptoms of a mental health or behavioral health condition,
including substance use, and a child in foster care is in placement, every effort should be
made to keep the placement intact if safety has been assessed and the household
member is receiving treatment or services. The authorized licensing agent must reassess
the foster care provider's protective capacities to ensure the symptoms do not inhibit the
applicant's ability to provide care.
4.
A household member, not including a child in foster care, may not have been the subject of a
child abuse or neglect assessment where a confirmed decision was made unless the
department, after making appropriate consultation with child protective services, approves the
issuance of a license, certification, or approval; and
a.
The household member has followed the recommendations of the child protection
assessment; or
b.
The household member can demonstrate the elimination of underlying factors
precipitating the confirmed decision.
5.
The department may require psychological testing for any household member, as determined
necessary. The cost of any psychological testing required pursuant to this subsection is the
responsibility of the department.
6.
Prior to the department approving an initial license, certification, or approval, the applicant
shall submit the results of a physical examination dated within twelve months of the date of
application. All foster care providers, annually thereafter, shall discuss the health of the
provider and all other individuals residing in the dwelling as part of the home study
assessment. Any foster care provider continuously licensed prior to October 1, 2019, is
exempt from having to submit a physical examination. Identified relative foster care providers
are exempt from completing the initial physical exam, unless otherwise determined by the
department.
7.
The department may require proof of immunizations for all individuals residing in the foster
care provider's dwelling, except a child in foster care. It is recommended all members of the
household be up to date on immunizations as recommended by a health care professional,
unless the immunization is contrary to the individual's health as documented by a licensed
health care professional or the individual provides written documentation that immunizations
are against the individual's religious, philosophical, or moral beliefs.
8.
The department or supervising agency may require a foster care provider specializing in the
care of medically fragile children to receive specific vaccines if the needs of the child require
such precaution.
9.
Physical disabilities or age of a foster care provider does not affect licensing, certification, or
approval provided that the applicant can show that these factors do not inhibit the ability to
care for children in foster care.
10.
A foster care provider shall comply with the department's approved preservice training
competencies and demonstrate the ability to apply the skills when caring for children in foster
care.
11.
A foster care provider shall comply with the department's reasonable and prudent parent
standard by allowing children in foster care the opportunity to participate in developmentally
and age appropriate activities.
12.
A foster care provider shall meet the training requirements defined by the department.