N.D. Cent. Code § 50-11-02.4
50-11-02.4. Criminal history record investigation for foster care for adults - Fingerprinting not required
50-11-02.4. Criminal history record investigation for foster care for adults -
Fingerprinting not required.
1.
Except as provided in section 50-11-06.9, the department shall secure from any
individual employed by, or providing care in, a facility providing foster care for adults
and any adult living in the facility, but not being provided care in the facility, identifying
information other than fingerprints, that is appropriate to accomplish a statewide
criminal history record investigation.
2.
Fingerprints need not be taken and a nationwide background check need not be made
if an individual:
a.
Has resided continuously in this state for eleven years or since reaching age
eighteen, whichever is less;
b.
Is on active United States military duty or has resided continuously in this state
since receiving an honorable discharge; or
c.
Is excused from providing fingerprints under rules adopted by the department.
3.
The department shall verify that sufficient identifying information has been provided.
Upon verification, the department shall submit that information to the bureau of
criminal investigation.
4.
The bureau of criminal investigation shall provide any criminal history record
information that may lawfully be made available under chapter 12-60 to the
department. The department shall provide a copy of any response received from the
bureau of criminal investigation to the facility.
5.
The department shall pay the cost of securing any criminal history record information
made available under chapter 12-60 and section 50-11-06.8 for foster home for adults.
An agency foster home for adults is responsible for the cost of securing any criminal
history record information made available under chapter 12-60 and section 50-11-06.8.
6.
The department shall consult with the bureau of criminal investigation to determine the
identifying information, other than fingerprints, appropriate to accomplish a statewide
criminal history record investigation.
7.
The department may adopt emergency rules under this section without the finding
otherwise required under section 28-32-02.