Section 75-03-14-04 - Qualifications of individuals Residing in the dwelling1. An applicant for licensure, certification, or approval must:a. Be age twenty-one years or greater;b. Be financially stable with reasonable income or resources available to the foster care provider to properly care for children; andc. Have functional literacy, demonstrating their ability to read communications delivered by the authorized licensing agent or supervising agency, policy, child care plans, and medication labels.2. An individual may not smoke or vape in the foster care provider's dwelling or in an enclosed area when the child in foster care is present.3. A household member, not including a child in foster care, may not exhibit symptoms of a mental health or behavioral health condition, including substance use, that inhibit the applicant's ability to provide care to children. a. Upon initial licensing, certification, or approval, an applicant or household member may not have symptoms of a mental health or behavioral health condition, including substance use, inhibiting the applicant's ability to provide care to children for a period of at least twelve months.b. Throughout licensing, certification, or approval periods, if an applicant or household member is experiencing symptoms of a mental health or behavioral health condition, including substance use, and a child in foster care is in placement, every effort should be made to keep the placement intact if safety has been assessed and the household member is receiving treatment or services. The authorized licensing agent must reassess the foster care provider's protective capacities to ensure the symptoms do not inhibit the applicant's ability to provide care.4. A household member, not including a child in foster care, may not have been the subject of a child abuse or neglect assessment where a confirmed decision was made unless the department, after making appropriate consultation with child protective services, approves the issuance of a license, certification, or approval; and a. The household member has followed the recommendations of the child protection assessment; orb. The household member can demonstrate the elimination of underlying factors precipitating the confirmed decision.5. The department may require psychological testing for any household member, as determined necessary. The cost of any psychological testing required pursuant to this subsection is the responsibility of the department.6. Prior to the department approving an initial license, certification, or approval, the applicant shall submit the results of a physical examination dated within twelve months of the date of application. All foster care providers, annually thereafter, shall discuss the health of the provider and all other individuals residing in the dwelling as part of the home study assessment. Any foster care provider continuously licensed prior to October 1, 2019, is exempt from having to submit a physical examination. Identified relative foster care providers are exempt from completing the initial physical exam, unless otherwise determined by the department.7. The department may require proof of immunizations for all individuals residing in the foster care provider's dwelling, except a child in foster care. It is recommended all members of the household be up to date on immunizations as recommended by a health care professional, unless the immunization is contrary to the individual's health as documented by a licensed health care professional or the individual provides written documentation that immunizations are against the individual's religious, philosophical, or moral beliefs.8. The department or supervising agency may require a foster care provider specializing in the care of medically fragile children to receive specific vaccines if the needs of the child require such precaution.9. Physical disabilities or age of a foster care provider does not affect licensing, certification, or approval provided that the applicant can show that these factors do not inhibit the ability to care for children in foster care. 10. A foster care provider shall comply with the department's approved preservice training competencies and demonstrate the ability to apply the skills when caring for children in foster care.11. A foster care provider shall comply with the department's reasonable and prudent parent standard by allowing children in foster care the opportunity to participate in developmentally and age appropriate activities.12. A foster care provider shall meet the training requirements defined by the department.N.D. Admin Code 75-03-14-04
Effective December 1, 1984; amended effective April 1, 2004;July 1, 2006; January 1, 2014.Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 50-11-03, 50-11-03.4
Law Implemented: NDCC 50-11-02