Section 75-03-40-32 - RespiteA facility may operate an optional respite care program with approval of the department. Respite care is defined as temporary relief care for a resident with special medical, emotional, or behavioral needs, which requires time-limited supervision and care by a licensed foster care provider. A respite care episode is a specified period of time during which respite care is provided by a licensed provider.
1. Eligibility. Residents eligible for respite care offered by an approved facility include a child in foster care in public custody and a former qualified residential treatment program resident engaged in the six-month aftercare.2. Admission and discharge. A facility operating a respite care program shall have the written policies and procedures for admissions and discharge for respite care, including eligibility into the respite program, admissions criteria, required belongings, medications needed upon admission, required identification documentation, authorizations needed, written consents for emergency medical care, medications, and discharge planning.3. Staffing. A facility shall assign an employee to have primary responsibility for the facility's respite care program. Employee-to-resident ratios at a minimum, must meet the ratio as described in this chapter for direct care.4. Program and services. A facility respite program must be developed which allows for a short-term refocus of service delivery and supports for a community placement. Respite care placements are exempt from the medical examination requirements due to the short period of stay.5. Respite care plan. A facility shall develop an abbreviated plan for each resident admitted to the facility for respite care. The abbreviated plan must provide for services to meet social, emotional, medical, and dietary needs. The respite plan must address daily routine, engagement in recreational activities, ongoing education, and discharge planning. The respite plan may include a list of facility-based and community-based services and supports the resident and family is currently receiving or will receive upon discharge.6. Length of stay. A respite care placement may not extend beyond seven days per episode.7. Discharge. When a resident is discharged from respite care, the facility shall document in the resident's respite file the dates of the resident's stay, a summary of the resident's stay, the name of the person to whom the resident was discharged, and a list of all personal belongings and medications that went with the resident upon discharge. A final plan must be provided to the custodian and parent or guardian upon discharge.8. Respite resident file. A facility with a respite care program shall include: a. The resident's full name, date of birth, and other identifying information;b. The contact information of the custodian and parent or guardian at the time of admission;c. The date the resident was admitted and discharged;d. Signed respite care agreement;e. Signed written consents, including consent to nonemergency use of psychotropic medication and consent for use of secured unit, if applicable;f. If the resident is in public custody, a current court order establishing the facility's authority to accept and care for any resident under the custody of a public agency;g. Copy of the abbreviated plan prepared by the facility; andh. Medication administration records, if applicable.N.D. Admin Code 75-03-40-32
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