N.D. Admin. Code 75-03-14-02

Current through Supplement No. 395, January, 2025

Section 75-03-14-02 - License, certification, or approval

1. Application to provide foster care for children license, certification, or approval must be made as prescribed by the department.

2. The licensing or certification process requires completion and documentation of the following items:

a. Application;

b. Intial background check;

c. Initial and annual child abuse and neglect index check;

d. Training requirements;

e. Home visits completed by the authorized licensing agent; and

f. Home study assessment completed by the authorized licensing agent. The assessment may include interviews with each household member determined age appropriate.

3. The license, certification, or approval must be issued to the applicant for a specific number, age, and gender of children eligible to be served in the foster care provider's dwelling.

4. The duration of the license, certification, or approval may not exceed two years.

5. The department may issue a license, certification, or approval with stated limitations, restrictions, and conditions.

6. The license, certification, or approval is not transferable and is valid only for the applicants residing at a physical location noted at the time of issuance, unless otherwise approved by the department. Only one license, certification, or approval may be permitted for each physical location.

7. After reviewing an application, the department may deny a license or certification if:

a. The application contains fraudulent information;

b. After completing the home study, the department determines the dwelling is unsanitary;

c. After completing the home study, the department determines the applicant or dwelling is not properly equipped to provide for the health and safety of the children served; or

d. The applicant is not in compliance with the regulations prescribed for licensing or certification by the department.

8. If the facility located on or near, as defined by the tribe, a recognized Indian reservation in this state is identified as a foster care provider, and is not subject to the jurisdiction of the state of North Dakota for licensing or certification purposes, the department, with a signed agreement with the tribe, shall accept an affidavit from an agent of the tribal child welfare agency or an appropriate tribal officer in lieu of completing the foster care for children licensing or certification procedure. The department shall issue an approval of the license or certification if the affidavit represents the following:

a. A home study of the foster care provider was completed by the tribe's child welfare agency or tribal council; and

b. The foster care provider is in compliance with the standards adopted by the tribe for family foster care for children licensing or certification, as described in the agreement signed by the tribe and the department; or

c. The foster care provider is in compliance with the standards required by North Dakota Century Code section 50-11-02, as described in the agreement signed by the tribe and the department.

9. The department may withdraw its approval if the provisions in subsection 8 are no longer met.

N.D. Admin Code 75-03-14-02

Effective December 1, 1984; amended effective April 1, 2004; January 1, 2014.

Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.

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

General Authority: NDCC 50-11-03

Law Implemented: NDCC 50-11-01, 50-11-02, 50-11-02.2