Section 75-03-14-05 - Provisions of serviceFoster care providers shall ensure the health and safety of children placed in their dwelling and provide a safety service to best meet the needs of the child in foster care. The provision of service may be accomplished in many ways, including meeting the daily needs of the child, supporting family connections, and complying with goals and tasks to assist the child in achieving timely permanency. The foster care provider shall:
1. Participate in the child and family team meetings. Child and family team meetings are held at least quarterly, facilitated by the supervising agency to address and review the permanency plan of the child.2. Cooperate in carrying out the objectives and goals of the permanency plan for the child developed and implemented in collaboration with the supervising agency and child and family team. Foster care providers shall meet the needs of the child while placed in the foster care provider's dwelling.3. Acknowledge their role as a service provider and recognize, as a foster care provider, they may be considered, but are not guaranteed, to be a permanent option for the child. Foster care providers shall sign an acknowledgment that federal law establishes a permanency preference for children eligible under the Indian Child Welfare Act and North Dakota Century Code chapter 27-19.1 and with identified relatives of the child.4. If requested by the supervising agency or the juvenile court, provide information concerning the child in foster care and the child's family.5. Allow public officials to enter the provider's dwelling as determined necessary by the public official to ensure child safety.6. Allow personnel of the authorized licensing agent or supervising agency to enter the provider's dwelling at any reasonable time. For the purposes of this subsection, "any reasonable time" means a time mutually convenient to the foster care provider and authorized licensing agent or supervising agency personnel or any time the authorized licensing agent or supervising agency determines that a child in foster care's health, safety, or welfare requires the admittance.7. Cooperate with the supervising agency to make efforts to maintain and improve the relationships between the child in foster care and the child's family, whenever appropriate and possible. The foster care providers may not attempt to diminish the relationship between the child in foster care and the child's parents or between the supervising agency and the child in foster care.8. Cooperate with the supervising agency to develop an approved visitation plan with the child's parents or guardian. If it is appropriate, visitation may take place in the foster care provider's dwelling or in a community setting to allow for formal or informal mentoring and support by the foster care provider. If visitation occurs in the foster care provider's dwelling, the provider does not have to allow entry to any individual who has been using alcohol, drugs, or any other intoxicating substance, or who attempts a visit in a manner that is not in accordance with the approved visitation plan.9. Inform the authorized licensing agent if a child or adult is moving into the dwelling. All changes in the number of individuals living in the foster care provider's dwelling must be reported immediately.10. Communicate with the supervising agency if a child in foster care is in need of substitute care during the absence of the foster care provider. Prior approval of the substitute care must be given by the supervising agency, not to exceed fourteen calendar days. Prior approval is not required for short periods of substitute care such as a portion of one day. A child in foster care may not be removed from this state without the prior approval of the supervising agency.11. Make opportunities available for a child in foster care to attend religious ceremonies chosen by the child in foster care, or that child's parents, within the community in which the foster family resides. The foster care provider must respect and not interfere with the religious belief of the child in foster care and the child's family.12. Engage in appropriate discipline that is constructive or educational in nature and may include diversion, separation, discussions with the child in foster care about the situation, praise for appropriate behavior, and gentle therapeutic physical restraint, for providers with proper training.a. No child in foster care may be kicked, bitten, punched, spanked, shaken, pinched, roughly handled, or struck with an object by a foster care provider or any other individual residing in the family foster provider's dwelling.b. Cruel and unusual punishments are prohibited.c. Authority to discipline may not be delegated to or be accomplished by children.d. Separation, when used as discipline, must be brief and appropriate to the age and circumstances of the child in foster care, and when used to discipline a child in foster care, must be within hearing of an adult in a safe, lighted, well-ventilated room. A child in foster care may not be separated from the household in a locked room or closet.e. A child in foster care may not be disciplined for lapses in toilet training.f. Verbal abuse or derogatory remarks about a child in foster care, the child's family, race, religion, sexual orientation, gender identity, or cultural background may not be used and are not permitted.g. A child in foster care may not be force fed unless medically prescribed and administered under a physician's care.h. Deprivation of means, including food, clothing, shelter, hygiene, and medical care is not permitted.13. Maintain confidentiality of all information given to the foster care provider by the supervising agency or the child in foster care's family. Information may not be disclosed to any person without prior approval of the supervising agency.14. Utilize foster care maintenance payments to meet the needs of the child in foster care.N.D. Admin Code 75-03-14-05
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 50-11-02