N.D. Admin. Code 75-03-08-08.1

Current through Supplement No. 395, January, 2025

Section 75-03-08-08.1 - Duties of the provider

1. A provider shall be currently certified:

a. 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; and

b. In pediatric first aid by a program approved by the department.

2. The provider shall have an adult staff member responsible for caring for or teaching children present in the family child care at all times to supervise staff members under the age of eighteen and children in care.

3. A staff member may not at any time place a child in an environment that would be harmful or dangerous to the child's physical, cognitive, social, or emotional health.

4. The provider 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 family child care or attributable to care received in the family child care;

b. An injury to any child which occurs while the child is in the care of the family child care and which requires medical treatment;

c. Poisonings or errors in the administration of medication;

d. Closures or relocations of the family child care due to emergencies; and

e. Fire that occurs or explosions that occur in or on the premises of the family child care.

5. The provider shall be present in the family child care no less than sixty percent of the time when children are in care.

6. The provider, as a mandatory reporter, shall report any suspected child abuse or neglect as required by North Dakota Century Code section 50-25.1-03.

7. The provider may select an emergency designee.

8. The provider shall maintain necessary information to verify staff members' qualifications and to ensure safe care for the children in the family child care.

9. The provider must be an adult of good physical, cognitive, social, and emotional health and shall use mature judgment when making decisions impacting the quality of child care.

10. The provider shall ensure safe care for the children under supervision. Supervision means a staff member responsible for caring for or teaching children being within sight or hearing range of an infant, toddler, or preschooler at all times so that the staff member is capable of intervening to protect the health and safety of the child. For the school-age child, it means a staff member responsible for caring for or teaching children being available for assistance and care so the child's health and safety is protected.

11. The provider shall ensure that each child is released 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.

N.D. Admin Code 75-03-08-08.1

Effective January 1, 1999; 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 2022-387, January 2023, effective 1/1/2023.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11.1-04, 50-11.1-08

Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08