N.D. Admin. Code 75-03-14.1-04

Current through Supplement No. 395, January, 2025

Section 75-03-14.1-04 - Shelter care program operations

The shelter care program shall:

1. Ensure the shelter care program is funded, staffed, and equipped in a manner required for the provision of services;

2. Provide the most recent fiscal year end financial record to the department, upon request;

3. Employ a qualified supervisor of shelter care program operations to oversee program operations, policy, and employee and nonemployee performance;

4. Provide twenty-four-hour supervision for all residents residing in the shelter care program;

5. Provide access to an on-call twenty-four-hour crisis line by which employees may be reached in the event of an emergency placement;

6. Establish policy and procedures specific to operations of a shelter care program, including:

a. Policy defining residents served in the shelter care program. The shelter care program shall define the parameters of each population of residents served. The shelter care program shall have a policy to ensure the safety of all residents and allow adequate space to properly separate residents who are children in need of protection from children who engage in delinquent acts;

b. Policy addressing supervision requirements of residents by employees during each shift, to include:

(1) Awake hours; and

(2) Overnight hours, requiring awake employees to check on residents at a minimum of every fifteen minutes, and more frequently if the acuity of the resident demands greater supervision;

c. Nondiscrimination policy;

d. Medication dispensing;

e. Resident search criteria;

f. At-risk behaviors and protocol surrounding accepting and caring for a resident who has been drinking or using drugs; and

g. Process for contacting law enforcement or emergency contacts, as needed;

7. Establish disaster planning, including protocol for when the shelter care program experiences:

a. Power outage;

b. Fire;

c. Winter blizzard conditions;

d. Flood; or

e. Tornado;

8. Establish a policy to ensure proper and efficient procedure in the event the shelter care program would cease operations, including:

a. Notification to the department at least sixty days before closure;

b. Notification to community partners at least thirty days before closure; and

c. Identification of a depository in North Dakota to maintain the retention of the shelter care program's fiscal, employee, nonemployee, and resident files;

9. Notify the department, in writing, of the corrective action the shelter care program has taken, or plans to take, to comply with any resulting recommendations from the institutional child protection team. The shelter care program shall make assurances that revised practice will reduce the risk of the incident or sentinel event reoccurring. The shelter care program shall respond within thirty days of receiving written notification of the indicated determination; and

10. Establish written policies specifying how to proceed if a current or former employee or nonemployee is known to be:

a. Involved in any capacity in a reported incident of institutional child abuse or neglect;

b. Involved in any capacity in a reported incident of suspected child abuse or neglect;

c. The subject in a child abuse or neglect report that occurred outside the facility, for which the subject has been confirmed to have abused or neglected a child; or

d. Found guilty of, pled guilty to, or pled no contest to a criminal offense.

N.D. Admin Code 75-03-14.1-04

Adopted by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.

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

General Authority: NDCC 50-06-16

Law Implemented: NDCC 50-06-01.4