Current through the 2023 Legislative Sessions
Section 25-03.2-03 - Requirements for licenseThe department shall issue a license for the operation of a psychiatric residential treatment facility for children upon a showing that:
1. The premises to be used are in fit, safe, and sanitary condition and properly equipped to provide good care and treatment;2. The program director of the facility holds, at a minimum, a bachelor's degree in social work, psychology, or in a related field with professional experience working with children suffering from mental illnesses or emotional disturbances. The executive director of the facility must have, at a minimum, a bachelor's degree in a behavioral science or a bachelor's degree in any field and two years of experience in administration;3. The staff employed by the facility is supervised by the program director and qualified by training and experience to provide services to children suffering from mental illnesses or emotional disturbances. The facility annually must provide training to staff which is relevant to the needs of the client population;4. The health, safety, and well-being of the children cared for and treated in the facility will be properly safeguarded;5. There are sufficient treatment, educational, recreational and leisure, and physical facilities and services available to the children in the facility;6. The facility will provide for a medical and psychological examination of each child within seventy-two hours of admission and thereafter as needed by the child;7. An interdisciplinary team will review each individual treatment plan at least monthly and update or amend the plan to meet the needs of the child;8. The facility develops postdischarge plans and coordinates facility services and related community services with partial discharge plans with each child's family, school, and community upon discharge to ensure continuity of care; 9. The facility is in compliance with requirements for psychiatric residential treatment facilities under 42 U.S.C. 1396d [ Pub. L. 89-97; 79 Stat. 351] and title 42, Code of Federal Regulations, part 441, and with this chapter and rules adopted under this chapter;10. The facility has sought and obtained a criminal history record when required by this chapter; and11. In accordance with rules of the department, the department has determined whether a license may be issued to a facility that has a facility operator or any individual employed by the facility, contracted service provider of the facility, or nonemployee of the facility, having contact with any child cared for by the facility who has a criminal record.Amended by S.L. 2023 , ch. 274( SB 2051 ), § 2, eff. 7/1/2023.Amended by S.L. 2023 , ch. 273( HB 1043 ), § 2, eff. 8/1/2023.Amended by S.L. 2015 , ch. 202( SB 2047 ), § 2, eff. 8/1/2015.