Current through Supplement No. 394, October, 2024
1. An applicant may not be an individual who
has, and may not permit an individual, except a resident, to reside in the
facility or act as a caregiver in the facility if the individual has been found
guilty of, pled guilty to, or pled no contest to:
a. An offense described in North Dakota
Century Code Chapter 12.1-16, homicide; 12.1-18, kidnapping; 12.1-27.2, sexual
performance by children; or 12.1-41, Uniform Act on Prevention of and Remedies
for Human Trafficking; or North Dakota Century Code section 12.1-17-01, simple
assault, if a class C felony under subdivision a of subsection 2 of that
section; 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; 12.1-17-07.1, stalking; 12.1-17-12, assault or
homicide while fleeing peace 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; 12.1-20-06.1, sexual exploitation by therapist; 12.1-20-07, sexual
assault; 12.1-20-12.3, sexual extortion; 12.1-21-01, arson; 12.1-22-01,
robbery; or 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; 12.1-31-07,
endangering an eligible adult; 12.1-31-07.1, exploitation of eligible adult;
sections 14-09-22, abuse of child; 14-09-22.1, neglect of child; subsection 1
of section 26.1-02.1-02.1, fraudulent insurance acts; or an offense under the
laws of another jurisdiction which requires proof of substantially similar
elements as required for conviction under any of the enumerated North Dakota
statutes; or
b. An offense, other
than an offense identified in subdivision a, if the department determines that
the individual has not been sufficiently rehabilitated.
2. For purposes of subdivision b of
subsection 1, the department:
a. May not
consider a claim that the individual has been sufficiently rehabilitated until
any term of probation, parole, or other form of community corrections or
imprisonment without subsequent charge or conviction has elapsed, unless
sufficient evidence is provided of rehabilitation; and
b. Shall treat completion of a period of
three years after final discharge or release from any term of probation,
parole, or other form of community corrections, or from imprisonment, without
subsequent conviction, as prima facie evidence of sufficient
rehabilitation.
3. In the
case of an offense described in North Dakota Century Code section 12.1-17-01,
simple assault, if a felony; 12.1-17-01.1, assault; 12.1-17-01.2, domestic
violence, if a misdemeanor; 12.1-17-03, reckless endangerment; 12.1-17-04,
terrorizing; 12.1-17-06, criminal coercion; 12.1-17-07.1, stalking; 12.1-18-03,
unlawful imprisonment; 12.1-20-05, corruption or solicitation of minors, if a
misdemeanor; 12.1-20-07, sexual assault, if a misdemeanor; 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
convictions.
4. The department has
determined that the offenses enumerated in subdivision a of subsection 1 have a
direct bearing on an individual's ability to serve the public in any capacity
involving the provision of foster care to adults.
General Authority: NDCC 50-11-03
Law Implemented: NDCC
50-11
