Section 75-03-40-24 - Child abuse and neglect1. Upon hire and annually thereafter, all personnel shall certify having read the law requiring the reporting of suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1, and having read and received a copy of the facility's written child abuse and neglect procedures.2. Each facility shall adopt written policies and procedures requiring personnel to report cases of suspected child abuse or neglect. The procedures must include the following statement: "All personnel will comply with North Dakota Century Code Chapter 50-25.1, child abuse and neglect. Therefore, it is the policy of this facility that if any personnel knows or reasonably suspects the health or welfare of a current resident or former resident receiving aftercare services has been, or appears to have been, harmed as a result of abuse or neglect, that personnel immediately shall report this information to the department. Failure to report this information in the prescribed manner constitutes grounds for dismissal from employment or placement of nonemployee and referral of the personnel to the office of the state's attorney for investigation of possible criminal violation."3. The facility's policies and procedures must describe:a. To whom a report is made;b. When a report must be made;c. The contents of the report;d. The responsibility of each individual in the reporting chain;e. The status and discipline of personnel who fails to report suspected child abuse or neglect; andf. The status of the personnel while the report is being assessed; if they are the subject of the report.4. The facility shall cooperate fully with the department throughout the course of any assessment of any allegation of child abuse or neglect made concerning care furnished to a resident. The facility, at a minimum, shall provide the assessors with all documents and records available to the facility and reasonably relevant to the assessment and permit confidential interviews with personnel and residents. Internal facility interviews and investigations are not permitted to occur concurrent with a department assessment or law enforcement investigation.5. In the case of an indicated determination, the facility shall notify the department licensing administrator, in writing, of the corrective action the facility has taken, or plans to take, to comply with any resulting recommendations from the state child protection team. The facility shall make assurances that revised facility practice will reduce the risk of the incident reoccurring. The facility shall respond within thirty days of receiving written notification of the determination.6. A facility shall establish written policies specific to how the facility will proceed when a current or former personnel 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; orc. The subject in a child abuse or neglect report that occurred outside of the facility, where the subject has been confirmed to have abused or neglected a child.N.D. Admin Code 75-03-40-24
Adopted by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.Amended by Administrative Rules Supplement 2021-382, October 2021, effective 10/1/2021.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, 50-25.1-03