Current through Supplement No. 394, October, 2024
1. The shelter care
program clearly shall define, in writing, the roles and responsibilities of the
employees and nonemployees assuring the health and safety of the resident and
coordination of the resident's safe return to the custodian, parent, or
guardian.
2. The shelter care
program shall establish policy and procedures for employee and nonemployee
roles and responsibilities, including:
a.
Initial fingerprint-based criminal background checks for employees and a
criminal background check for nonemployees;
b. Annual child abuse and neglect
checks;
c. Job descriptions;
and
d. Assigned shifts and protocol
for shift changes.
3. A
shelter care program shall hire a supervisor of shelter care program operations
and the supervisor:
a. Must have a bachelor's
degree in business or public administration, social work, behavioral science,
or a human services field and have two years of related work experience in
administration;
b. Shall ensure the
shelter care program has written policy and procedure;
c. Shall oversee daily operations;
d. Shall administer admission and discharge
criteria; and
e. Shall provide
adequate supervision to all employees and nonemployees.
4. A shelter care program shall hire
employees and the employees:
a. Must be at
least twenty years of age;
b. Must
have a high school diploma or equivalent;
c. Shall assure and be devoted to the health
and safety of each resident in placement and coordination of the resident's
safe return to the custodian, parent, or guardian;
d. Shall achieve the competencies necessary
to meet the needs and engage appropriately with each resident in
placement;
e. Shall prepare
meals;
f. Shall organize activities
and structure a daily routine for the resident in placement; and
g. Shall document a daily activity log to
share with the custodian, parent, or guardian.
5. A shelter care program shall ensure there
are adequate employees working to meet the minimum employee-to-resident ratios,
including:
a. A rotating on-call employee who
must be available twenty-four hours a day, seven days a week; and
b. Regardless of awake or overnight hours,
the shelter care program must have no fewer than one employee for each six
residents in placement.
6. A shelter care program, utilizing
nonemployees, shall:
a. Ensure nonemployees
are at least twenty years of age;
b. Develop and provide a copy of a
description of nonemployee duties and specified responsibilities;
c. Designate an employee to supervise and
evaluate nonemployees;
d. Develop a
plan for the orientation and training of nonemployees, including the philosophy
of the shelter care program and the needs of the residents and the residents'
families;
e. Develop a policy
stating nonemployees may support employees, but may not depend on nonemployees
to carry out the duties of the certified shelter care program on a permanent
basis;
f. Develop a policy stating
nonemployees may be counted as an employee for purposes of employee-to-resident
ratio requirements imposed by this chapter, if all equivalent training
requirements are met;
g. Develop a
policy stating nonemployees shall create records of incidents that occur during
their presence at the shelter care program to the same extent employees are
required to create such records; and
h. Conduct a criminal background check on all
nonemployees with direct contact with residents.
7. The shelter care program shall maintain a
file on each employee; including:
a.
Employment application, including a record of previous employment;
b. Results of an initial fingerprint-based
criminal background check and subsequent background checks as determined
necessary;
c. Results of the
initial child abuse or neglect record, and annually thereafter;
d. A job description specifying the
employee's roles and responsibilities;
e. A statement signed by the employee
acknowledging the confidentiality policy;
f. Documentation of an annual training record
detailing the date, topic, and length of presentation; and
g. Evidence of the employee having read and
received a copy of the law and shelter program procedures requiring the
reporting of suspected child abuse and neglect, initially upon hire and
annually thereafter.
8.
The shelter care program shall maintain a file on each nonemployee, including:
a. Personal identification
information;
b. The results of a
criminal background check, motor vehicle operator's license record, as
applicable, and child abuse or neglect record;
c. A description of duties;
d. Orientation and training records
consisting of name of presenter, date of presentation, topic of presentation,
and length of presentation;
e. A
statement signed by the nonemployee indicating the nonemployee has read and
received a copy of the law and facility procedures requiring the reporting of
suspected child abuse and neglect pursuant to North Dakota Century Code chapter
50-25.1, initially and annually thereafter; and
f. A statement signed by the nonemployee
acknowledging the confidentiality policy.
9. The shelter program shall adopt a policy
regarding the retention of employee and nonemployee files.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4,
50-06-01.10
