N.D. Admin. Code 75-03-41-19

Current through Supplement No. 395, January, 2025

Section 75-03-41-19 - Child abuse and neglect reporting

1. Upon hire and annually thereafter, all agency employees and nonemployees 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 agency's written child abuse and neglect procedures.

2. Each agency offering supervised independent living programming to clients with the client's own children, shall adopt written policies and procedures requiring employees and nonemployees to report cases of suspected child abuse or neglect. The procedures must include the following statement: "All agency employees and nonemployees shall comply with North Dakota Century Code Chapter 50-25.1, child abuse and neglect. Therefore, it is the policy of this agency that if any employee or nonemployee who knows or reasonably suspects that a child of a client whose health or welfare has been, or appears to have been, harmed as a result of abuse or neglect, that employee or nonemployee shall immediately 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 employee or nonemployee to the office of the state's attorney for investigation of possible criminal violation."

3. The agency'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 an employee or nonemployee who fails to report suspected child abuse or neglect; and

f. The status of the employee or nonemployee while the report is being assessed; if they are the subject of the report.

4. An agency shall establish written policies specific to how the agency shall proceed when a current employee or nonemployee is known to be:

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

b. The subject of a services-required decision in a child abuse or neglect report that occurred outside of the agency.

N.D. Admin Code 75-03-41-19

Adopted by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.

General Authority: NDCC 50-06-05.1, 50-11-03

Law Implemented: NDCC 50-06-05.1, 50-11-03