North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-03 - Community Services
Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services
Section 75-03-07.1-02 - Self-declaration standards - Application
Universal Citation: ND Admin Code ยง 75-03-07.1-02
Current through Supplement No. 394, October, 2024
1. An applicant for a self-declaration document shall submit the application to the department in which the applicant proposes to provide early childhood services. An application, including a department-approved authorization for background check for household members age twelve and older, an emergency designee, and an applicant, and an application for a fingerprint-based criminal history record check for the applicant and emergency designee, must be made in the form and manner prescribed by the department.
2. The current self-declaration document must be displayed prominently in the premises to which it applies.
3. A provisional self-declaration document may be issued:
a. The department may issue a provisional
self-declaration document although the applicant or provider fails to, or is
unable to, comply with all applicable standards and rules of the
department.
b. A provisional
self-declaration document must:
(1) State that
the provider has failed to comply with all applicable standards and rules of
the department;
(2) State the items
of noncompliance;
(3) Expire at a
set date, not to exceed six months from the date of issuance; and
(4) Be exchanged for an unrestricted
self-declaration document, which bears an expiration date of one year from the
date of issuance of the provisional self-declaration document, after the
applicant or provider demonstrates compliance, satisfactory to the department,
with all applicable standards and rules.
c. The department may issue a provisional
self-declaration document only to an applicant or provider who has waived, in
writing:
(1) The right to a written statement
of charges as to the reasons for the denial of an unrestricted self-declaration
document; and
(2) The right to an
administrative hearing, in the manner provided in North Dakota Century Code
chapter 28-32, concerning the nonissuance of an unrestricted self-declaration
document, either at the time of application or during the period of operation
under a provisional self-declaration document.
d. Any provisional self-declaration document
issued must be accompanied by a written statement of violations signed by the
department and must be acknowledged in writing by the provider.
e. Subject to the exceptions contained in
this section, a provisional self-declaration document entitles the provider to
all rights and privileges afforded the provider of an unrestricted
self-declaration document.
f. The
provider shall display prominently the provisional self-declaration document
and agreement.
g. The provider
shall provide parents written notice that the provider is operating on a
provisional self-declaration document and the basis for the provisional
self-declaration document.
4. The provider shall be directly responsible for the care, supervision, and guidance of the children.
a. The provider:
(1) Must be at least eighteen years of
age;
(2) Shall provide an
environment that is physically and socially adequate for the children; and that
the provider is of good physical, cognitive, social, and emotional health and
shall use mature judgment when making decisions impacting the quality of child
care;
(3) Shall devote adequate
time and attention to the children in the provider's care;
(4) Shall provide food of sufficient quantity
and nutritious quality in accordance with the United States department of
agriculture standards which satisfies the dietary needs of the children while
in the provider's care;
(5) Shall
provide proper care and protection for children in the provider's
care;
(6) May not use or be under
the influence of, and will not allow any household member or emergency designee
to use or be under the influence of any illegal drugs or alcoholic beverages
while caring for children;
(7) May
not leave children without supervision;
(8) Shall verify that the child has received
all immunizations appropriate for the child's age, as prescribed by the public
health division of the department, or have on file a document stating that the
child is medically exempt or exempt from immunizations based on religious,
philosophical, or moral beliefs;
(9) Shall report immediately, as a mandated
reporter, suspected child abuse or neglect as required by North Dakota Century
Code section 50-25.1-03;
(10) Shall
provide a variety of games, toys, books, crafts, and other activities and
materials to enhance the child's intellectual and social development and to
broaden the child's life experience. Each provider shall have enough play
materials and equipment so that at any one time each child in attendance may be
involved individually or as a group;
(11) Shall ensure a current health assessment
or a health assessment statement completed by the parent is obtained at the
time of initial enrollment of the child, which must indicate any special
precautions for diet, medication, or activity. This assessment must be
completed annually;
(12) Shall
ensure a child information form completed by the parent is obtained at the time
of initial enrollment of the child and annually thereafter;
(13) Shall certify completion of a
department-approved basic child care course within ninety days of being
approved as a provider;
(14) Shall
be currently certified in infant and pediatric cardiopulmonary resuscitation
and the use of an automated external defibrillator by the American heart
association, American red cross, or other similar cardiopulmonary resuscitation
and automated external defibrillator training programs that are approved by the
department;
(15) Shall be currently
certified in pediatric first aid by a program approved by the
department;
(16) Shall complete a
minimum of three hours of department-approved training annually, including one
hour on safe sleep prior to provider providing care to infants and one hour on
mandated reporter of suspected child abuse or neglect. The same training
courses may be counted toward self-declaration annual requirements only if at
least three years has passed since the last completion date of that training
course, with the exception of safe sleep and mandated reporter annual
training;
(17) Shall ensure the
emergency designee is currently certified in infant and pediatric
cardiopulmonary resuscitation and the use of an automated external
defibrillator by the American heart association, American red cross, or other
similar cardiopulmonary resuscitation and automated external defibrillator
training programs that are approved by the department;
(18) Shall ensure the emergency designee is
currently certified in pediatric first aid by a program approved by the
department;
(19) Shall ensure the
emergency designee certifies completion of a department-approved basic child
care course within ninety days;
(20) Shall ensure that the emergency designee
completes required department-approved training annually, including one hour on
safe sleep prior to emergency designee providing care to infants and one hour
on mandated reporter of suspected child abuse or neglect;
(21) Shall release a child only to the
child's parent, legal custodian, guardian, or an individual who has been
authorized by the child's parent, legal custodian, or guardian;
(22) Shall report to the department within
twenty-four hours:
(a) A death or serious
accident or illness requiring hospitalization of a child while in the care of
the self-declaration provider or attributable to care received by the
self-declaration provider;
(b) An
injury to any child which occurs while the child is in the care of the
self-declaration provider and which requires medical treatment;
(c) Poisonings or errors in the
administration of medication;
(d)
Closures or relocation of self-declaration program due to emergencies;
and
(e) Fire that occurs or
explosions that occur in or on the premises of the self-declaration
provider;
(23) Shall
secure written permission and follow proper instructions as to the
administration of medication.
(a) Medication
prescribed by a medical provider must be accompanied by the medical provider's
written instructions as to dosage and storage and labeled with the child's name
and date.
(b) The provider shall
store medications in an area inaccessible to children.
(c) Medications stored in a refrigerator must
be stored collectively in a spillproof container.
(d) The provider shall keep a written record
of the administration of medication, including over-the-counter medication, for
each child. Records must include the date and time of each administration, the
dosage, the name of the staff member administering the medication, and the name
of the child. Completed medication records must be included in the child's
record; and
(24) Shall
notify parents, legal custodians, or guardians of child's exposure to a
presumed or confirmed reportable infectious disease.
b. The provider shall ensure that discipline
will be constructive or educational in nature and may include diversion,
separation from the problem situation, talking with the child about the
situation, praising appropriate behavior, or gentle physical restraint such as
holding. A child may not be subjected to physical harm or humiliation.
Disregard of any of the following disciplinary rules or any disciplinary
measure resulting in physical or emotional injury or neglect or abuse to any
child is grounds for denial or revocation of a self-declaration document.
(1) A child may not be kicked, punched,
spanked, shaken, pinched, bitten, roughly handled, struck, mechanically
restrained, or physically maltreated by the provider, emergency designee,
household member, or any other adult in the residence.
(2) Authority to discipline may not be
delegated to or be administered by children.
(3) Separation, when used as discipline, must
be appropriate to the child's development and circumstances, and the child must
be in a safe, lighted, well-ventilated room within sight or hearing range of an
adult. A child may not be isolated in a locked room or closet.
(4) A child may not be punished for lapses in
toilet training.
(5) A provider may
not use verbal abuse or make derogatory remarks about the child, or the child's
family, race, or religion when addressing a child or in the presence of a
child.
(6) A provider may not use
profane, threatening, unduly loud, or abusive language in the presence of a
child.
(7) A provider may not
force-feed a child or coerce a child to eat unless medically prescribed and
administered under a medical provider's care.
(8) A provider may not use deprivation of
snacks or meals as a form of discipline or punishment.
(9) A provider may not force a child to
ingest substances that would cause pain or discomfort, for example, placing
soap in a child's mouth to deter the child from biting other
children.
(10) A provider may not
withhold active play from a child as a form of discipline or punishment, beyond
a brief period of separation.
c. The provider shall ensure that a working
smoke detector is properly installed and in good working order on each floor
used by children.
d. The provider
shall ensure that a fire extinguisher that is inspected annually is properly
installed, is in good working order, and is located in the area used for child
care.
e. The provider shall ensure
that a working telephone is located in the location used for child care.
Current emergency numbers for parents and first responders must be
posted.
f. When transportation is
provided by a provider, children must be protected by adequate supervision,
safety precautions, and liability insurance.
(1) Drivers must be eighteen years of age or
older and must comply with all relevant federal, state, and local laws,
including child restraint laws.
(2)
A child must not be left unattended in a vehicle.
g. Aquatic activities:
(1) The provider shall have policies that
ensure the health and safety of children in care while participating in aquatic
activities, including types of aquatic activities the self-declaration program
may participate in, staff-to-child ratios appropriate to the ages and swimming
ability of the children participating in aquatic activities, and additional
safety precautions to be taken.
(2)
The provider may not permit any child to participate in an aquatic activity
without written parental permission, which includes parent disclosure of the
child's swimming ability.
5. Potential hazards, such as guns, household cleaning chemicals, uninsulated wires, medicines, noncovered electrical outlets, poisonous plants, and open stairways must not be accessible to children. Guns and ammunition must be kept in separate locked storage, or trigger locks must be used. Other weapons and dangerous sporting equipment, such as bows and arrows, must not be accessible to children.
6. The provider shall ensure the self-declaration program has a drinking water supply from an approved community water system or from a source tested and approved annually by the department of environmental quality.
7. If the physical, cognitive, social, or emotional health capabilities of an applicant or provider appear to be questionable, the department may require that the individual present evidence of capability to provide the required care based on a formal evaluation. The department is not responsible for costs of any required evaluation.
8. A self-declaration document is only effective for one year.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-07, 50-11.1-08, 50-11.1-16, 50-11.1-17
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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