North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-03 - Community Services
Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children
Section 75-03-17-16 - Personnel policies and employee and nonemployee files
Universal Citation: ND Admin Code ยง 75-03-17-16
Current through Supplement No. 394, October, 2024
1. The facility shall have clearly written personnel policies. The policies must be made available to each employee and nonemployee and must include:
a. An employee training and development
plan;
b. Procedures for reporting
suspected child abuse and neglect for employees and nonemployees;
c. Procedures for employee evaluation,
disciplinary actions, and termination;
d. A prohibition of sexual contact between
employees and nonemployees and children in accordance with the Prison Rape
Elimination Act of 2003 [ Pub. L. 108-79 ];
e. Procedures for employee
grievances;
f. Both oral and
written instructions regarding employee and nonemployee responsibility for
preserving confidentiality;
g.
Evaluation procedures that include a written evaluation following the
probationary period for new employees and at least annually thereafter;
and
h. A plan for review of the
personnel policies and practices with employee and, as appropriate,
nonemployee, participation at least once every three years, or more often if
necessary.
2. The facility shall maintain an individual file on each employee. The file must include:
a. The application for employment
including a record of previous employment and the applicant's statement in
answer to the question, "Have you been convicted of a crime?";
b. Annual performance evaluations;
or
c. Annual professional
development and training records consisting of name of presenter, date of
presentation, topic of presentation, and length of presentation;
d. The following required training
certificates:
(1) First-aid
training;
(2) Cardiopulmonary
resuscitation and automated external defibrillator;
(3) Nonviolent crisis intervention;
(4) Suicide prevention training;
(5) Evidence-based treatment modalities;
and
(6) Trauma training;
e. Evidence of the employee having
read the law requiring the reporting of suspected child abuse and neglect,
North Dakota Century Code chapter 50-25.1, and having read and received a copy
of the facility's written child abuse and neglect procedures;
f. Results of background checks for criminal
conviction record, motor vehicle operator's license record, as applicable, and
child abuse or neglect record;
g.
Any other evaluation or background check deemed necessary by the administrator
of the facility; and
h.
Documentation of the status of any required license or qualification for the
position or tasks assigned to the employee.
3. The facility shall maintain an individual file on each nonemployee. The file must include:
a. Personal identification
information;
b. Results of
background checks for criminal conviction record, motor vehicle operator's
license record, as applicable, and child abuse or neglect record;
c. Description of duties;
d. Orientation and training records
consisting of name of presenter, date of presentation, topic of presentation,
and length of presentation; and
e.
Evidence of the nonemployee having read the law requiring the reporting of
suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1,
and having read and received a copy of the facility's written child abuse and
neglect procedures.
4. The facility shall adopt a policy regarding the retention of employee and nonemployee files.
General Authority: NDCC 25-03.2-10
Law Implemented: NDCC 25-03.2-03, 25-03.2-07
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
