Current through Supplement No. 394, October, 2024
1. The right to provide early childhood
services is dependent upon the applicant's or provider's continuing compliance
with the terms of the application as listed in section
75-03-07.1-02.
2. A fraudulent or untrue representation is
grounds for revocation or denial.
3.
a. The
applicant, self-declaration provider, emergency designee, and household members
may not have been found guilty of, pled guilty to, or pled no contest to:
(1) An offense described in North Dakota
Century Code chapter 12.1-16, homicide; 12.1-18, kidnapping; 12.1-27.2, sexual
performances by children; or 12.1-41, Uniform Act on Prevention of and Remedies
for Human Trafficking; or in North Dakota Century Code section 12.1-17-01,
simple assault; 12.1-17-01.1, assault; 12.1-17-01.2, domestic violence;
12.1-17-02, aggravated assault; 12.1-17-03, reckless endangerment; 12.1-17-04,
terrorizing; 12.1-17-06, criminal coercion; 12.1-17-07, harassment;
12.1-17-07.1, stalking; 12.1-17-12, assault or homicide while fleeing a police
officer; 12.1-20-03, gross sexual imposition; 12.1-20-03.1, continuous sexual
abuse of a child; 12.1-20-04, sexual imposition; 12.1-20-05, corruption or
solicitation of minors; 12.1-20-05.1, luring minors by computer or other
electronic means; 12.1-20-06, sexual abuse of wards; 12.1-20-07, sexual
assault; 12.1-21-01, arson; 12.1-22-01, robbery; 12.1-22-02, burglary, if a
class B felony under subdivision b of subsection 2 of that section; 12.1-29-01,
promoting prostitution; 12.1-29-02, facilitating prostitution; 12.1-31-05,
child procurement; 14-09-22, abuse of child; or 14-09-22.1, neglect of
child;
(2) An offense under the
laws of another jurisdiction which requires proof of substantially similar
elements as required for conviction under any of the offenses identified in
paragraph 1; or
(3) An offense,
other than an offense identified in paragraph 1 or 2, if the department
determines that the individual has not been sufficiently rehabilitated. An
offender's completion of a period of five years after final discharge or
release from any term of probation, parole, or other form of community
corrections or imprisonment, without subsequent charge or conviction, is prima
facie evidence of sufficient rehabilitation.
b. The department has determined that the
offenses enumerated in paragraphs 1 and 2 of subdivision a have a direct
bearing on the applicant's, provider's, or emergency designee's ability to
serve the public in a capacity as a provider or emergency designee.
c. In the case of a misdemeanor offense
described in North Dakota Century Code sections 12.1-17-01, simple assault;
12.1-17-03, reckless endangerment; 12.1-17-06, criminal coercion; 12.1-17-07,
harassment; 12.1-17-07.1, stalking; in the case of a class B misdemeanor
offense described North Dakota Century Code section 12.1-17-01.2, domestic
violence; or equivalent conduct in another jurisdiction which requires proof of
substantially similar elements as required for conviction, the department may
determine that the individual has been sufficiently rehabilitated if five years
have elapsed after final discharge or release from any term of probation,
parole, or other form of community corrections or imprisonment, without
subsequent conviction.
4.
A provider shall submit an application for a fingerprint-based criminal history
record check at the time of application and within five years from the date of
initial approval and at least once every five years thereafter. The provider
shall ensure that each emergency designee submits an application for a
fingerprint-based criminal history record check upon hire and within five years
from the date of initial approval and at least once every five years
thereafter. The department may excuse an individual from providing fingerprints
if usable prints have not been obtained after two sets of prints have been
submitted and rejected. If an individual is excused from providing
fingerprints, the department shall submit a request to the bureau of criminal
investigation for a nationwide name-based criminal history record
check.
5. Review of
fingerprint-based criminal history record check results.
a. If an individual disputes the results of
the criminal history record check required under this chapter, the individual
may request a review of the results by submitting a written request for review
to the department within thirty calendar days of the date of the department's
memo outlining the results. The individual's request for review must include a
statement of each disputed item and the reason for the dispute.
b. The department shall assign the
individual's request for review to a department review panel. An individual who
has requested a review may contact the department for an informal conference
regarding the review any time before the department has issued its final
decision.
c. The department shall
notify the individual of the department's final decision in writing within
sixty calendar days of receipt of the individual's request for
review.
6. A provider
shall ensure safe care for the children receiving services in the provider's
residence. 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, 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 self-declaration document may be denied or
revoked.
a. 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, or household member, the applicant or provider
shall furnish information to the department, from which the department can
determine the applicant's, provider's, or emergency designee's ability to
provide care that is free of abuse or neglect. The department shall furnish the
determination of ability to the applicant or provider.
b. Each applicant, provider, and emergency
designee 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.
c.
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 or upon obtaining residence at the
location of the self-declaration program.
General Authority: NDCC 50-11.1-08,
50-11.1-09
Law Implemented: NDCC 50-11.1-06.2,
50-11.1-08, 50-11.1-09, 50-11.1-16,
50-11.1-17
