Section 75-03-07.1-02 - Self-declaration standards - Application1. 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.N.D. Admin Code 75-03-07.1-02
Effective June 1, 1995; amended effective January 1, 2011; January 1, 2013.Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.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