CHAPTER 50-01 County Poor Relief, Administration

50-01-01. Human service zone obligated to support poor — Eligibility for assistance. [Effective through August 31, 2022]

Within the limits of the human service zone appropriation, each human service zone in this state is obligated, upon receipt of a written application, to provide general assistance to persons who are residents of the human service zone and who are eligible. To be eligible for general assistance, the applicant:

  1. May not have made, before or after making an application for general assistance, an assignment or transfer of property for the purpose of rendering the applicant eligible for assistance.
  2. Shall comply with the written eligibility standards for general assistance established by the human service zone director or department of human services. A copy of the written standards must be available upon request. Pursuant to this requirement, the ownership of property by an applicant for general assistance, or by the spouse of the applicant, either individually or jointly, or of insurance on the life of the applicant does not preclude the granting of assistance if the applicant is without funds for the applicant’s support.

Source:

Pol. C. 1877, ch. 33, § 5; R.C. 1895, § 1478; R.C. 1899, § 1478; R.C. 1905, § 1854; S.L. 1907, ch. 183, § 1; C.L. 1913, § 2501; S.L. 1933, ch. 97, § 4; R.C. 1943, § 50-0101; S.L. 1971, ch. 463, § 1; 1979, ch. 506, § 2; 1991, ch. 504, § 1; 1993, ch. 2, § 14; 1995, ch. 456, § 5; 2019, ch. 391, § 45, effective January 1, 2020.

Notes to Decisions

Emergency Care by Private Agency.

In the absence of legislation imposing an obligation upon a county for the reasonable value of services rendered to a poor person in an emergency, there is no basis upon which a private agency can obtain reimbursement in the absence of prior authorization by the county officials. Mandan Deaconess Hosp. v. Sioux County, 63 N.D. 538, 248 N.W. 924, 1933 N.D. LEXIS 204 (N.D. 1933).

Extent of Liability.

Counties owe no other duties to the poor, and incur no other liabilities for their support, than those imposed by statute. St. Luke's Hosp. Ass'n v. Grand Forks County, 8 N.D. 241, 77 N.W. 598, 1898 N.D. LEXIS 33 (N.D. 1898); Mandan Deaconess Hosp. v. Sioux County, 63 N.D. 538, 248 N.W. 924, 1933 N.D. LEXIS 204 (N.D. 1933).

Loss of Residence.

A person having a legal residence for poor relief purposes in a county may lose that residence by acquiring legal residence in another county, by residing there for more than a year, or by voluntary absence for more than one year from the county in which he had legal residence. Nelson County v. Williams County, 68 N.D. 56, 276 N.W. 265, 1937 N.D. LEXIS 128 (N.D. 1937).

Law Reviews.

The Search for Due Process in the Administration of Social Welfare Programs, John A. Dooley III and Joseph Goldberg, 47 N.D. L. Rev. 209 (1971).

50-01-01. Human service zone obligated to support poor — Eligibility for assistance. [Effective September 1, 2022]

Within the limits of the human service zone appropriation, each human service zone in this state is obligated, upon receipt of a written application, to provide general assistance to persons who are residents of the human service zone and who are eligible. To be eligible for general assistance, the applicant:

  1. May not have made, before or after making an application for general assistance, an assignment or transfer of property for the purpose of rendering the applicant eligible for assistance.
  2. Shall comply with the written eligibility standards for general assistance established by the human service zone director or department of health and human services. A copy of the written standards must be available upon request. Pursuant to this requirement, the ownership of property by an applicant for general assistance, or by the spouse of the applicant, either individually or jointly, or of insurance on the life of the applicant does not preclude the granting of assistance if the applicant is without funds for the applicant’s support.

Source:

Pol. C. 1877, ch. 33, § 5; R.C. 1895, § 1478; R.C. 1899, § 1478; R.C. 1905, § 1854; S.L. 1907, ch. 183, § 1; C.L. 1913, § 2501; S.L. 1933, ch. 97, § 4; R.C. 1943, § 50-0101; S.L. 1971, ch. 463, § 1; 1979, ch. 506, § 2; 1991, ch. 504, § 1; 1993, ch. 2, § 14; 1995, ch. 456, § 5; 2019, ch. 391, § 45, effective January 1, 2020; 2021, ch. 352, § 376, effective September 1, 2022.

50-01-01.1. Determination of eligibility — Notice — Appeal.

The human service zone director or the director’s designee is responsible for determining, within a reasonable period of time, an applicant’s eligibility for general assistance under this chapter. The applicant must be provided written notice of the determination. The notice must include the reasons for the determination, as well as an explanation of the applicant’s right to a timely appeal of the determination to the human service zone board if aggrieved by the decision. Decisions of the human service zone board regarding appeals taken pursuant to this section are subject to judicial review in the manner prescribed by chapter 28-32.

Source:

S.L. 1979, ch. 506, § 1; 1995, ch. 456, § 6; 2019, ch. 391, § 46, effective January 1, 2020.

50-01-02. General assistance jurisdiction.

The human service zone, through the human service zone director, or the director’s designee, has exclusive jurisdiction and control of the administration of general assistance within the human service zone, except as otherwise provided in this title.

Source:

Pol. C. 1877, ch. 33, § 4; R.C. 1895, § 1477; R.C. 1899, § 1477; R.C. 1905, § 1853; S.L. 1913, ch. 121, § 4; C.L. 1913, § 2499; S.L. 1933, ch. 97, § 3; R.C. 1943, § 50-0102; S.L. 1995, ch. 456, § 7; 2019, ch. 391, § 47, effective January 1, 2020.

Cross-References.

Administrative responsibilities of county manager, see § 11-09-14.

Right of state over poor, see §§ 54-01-18, 54-01-19.

DECISIONS UNDER PRIOR LAW

Welfare Board Under Authority of Board of County Commissioners.

Act relating to county welfare boards required that such a board act under direct authority of board of county commissioners. Fuller v. Finger, 69 N.D. 646, 289 N.W. 805, 1940 N.D. LEXIS 197 (N.D. 1940).

50-01-03. County social service board may accept property or security. [Repealed]

Source:

S.L. 1913, ch. 121, § 11; C.L. 1913, § 2508; S.L. 1933, ch. 97, § 11; R.C. 1943, § 50-0103; S.L. 1995, ch. 456, § 8; repealed by 2019, ch. 391, § 139, effective January 1, 2020.

50-01-04. Records to be kept.

Every person who administers general assistance shall maintain reasonable records.

Source:

Pol. C. 1877, ch. 33, § 10; R.C. 1895, § 1482; R.C. 1899, § 1482; R.C. 1905, § 1858; S.L. 1913, ch. 121, § 14; C.L. 1913, § 2511; S.L. 1933, ch. 97, § 21; R.C. 1943, § 50-0104; S.L. 1995, ch. 456, § 9; 2019, ch. 391, § 48, effective January 1, 2020.

50-01-05. Reports to county social service board. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-06. Blanks and reports prepared by counties. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-07. County social service board — Members — Qualifications. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-07.1. County social service board to be substituted for county welfare board. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-08. Members of county social service board — Term of office — Oath — Compensation. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-08.1. Out-of-state travel approval. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-09. Duties of county social service board. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-09.1. Reimbursement of county for public assistance to nonresidents occasioned by federal projects. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-09.2. Allocation to counties by state for poor relief expenditures. [Repealed]

Repealed by S.L. 1993, ch. 2, § 27.

50-01-10. Removal of members of the board. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-11. Investigation of application for poor relief. [Repealed]

Repealed by omission from this code.

50-01-12. Relief provided when residence uncertain. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-13. Medical attention and hospitalization furnished to poor. [Effective through August 31, 2022]

Within the limits of the human service zone appropriation, the human service zone promptly shall provide necessary medical services, covered in the written eligibility standards for general assistance, for any poor person in the human service zone who is not provided for in a public institution. The human service zone shall cause to be furnished to the person the necessary covered medicines prescribed by a physician. Necessary covered hospitalization must be furnished by the human service zone upon approval or subsequent ratification by the human service zone director or the director’s designee. If the poor person is a nonresident of the state, the human service zone furnishing the medical services must be reimbursed within the limits of funds appropriated for that purpose by the legislative assembly for eighty percent of the expenses incurred in carrying out this section. The reimbursement must be made upon vouchers having the approval of the department of human services.

Source:

Pol. C. 1877, ch. 33, § 6; R.C. 1895, § 1479; R.C. 1899, § 1479; R.C. 1905, § 1855; S.L. 1913, ch. 121, § 6; C.L. 1913, § 2502; S.L. 1929, ch. 107, § 1; 1933, ch. 97, § 5; R.C. 1943, § 50-0113; S.L. 1951, ch. 283, § 1; 1957 Supp., § 50-0113; S.L. 1963, ch. 200, § 16; 1995, ch. 34, § 13; 1995, ch. 456, § 10; 2019, ch. 391, § 49, effective January 1, 2020.

Notes to Decisions

Emergency Relief.

When a person entitled to poor relief in one county is so injured in another county that emergency relief is imperative, it is the duty of the county in which the injured person is found to furnish such emergency relief, and to this extent such county is the agent of county of legal settlement of injured person. Sisters of Mercy v. Ramsey County, 68 N.D. 344, 279 N.W. 759, 1938 N.D. LEXIS 118 (N.D. 1938).

The policy of the law making one county the agent of the other to furnish emergency relief is limited entirely to relief in an emergency. Sisters of Mercy v. Ramsey County, 68 N.D. 344, 279 N.W. 759, 1938 N.D. LEXIS 118 (N.D. 1938).

An emergency is an unforeseen combination of circumstances which calls for immediate action. Sisters of Mercy v. Ramsey County, 68 N.D. 344, 279 N.W. 759, 1938 N.D. LEXIS 118 (N.D. 1938).

DECISIONS UNDER PRIOR LAW

Liability of Nonpauper for Treatment Received.

Nonpauper treated for smallpox by physician in county asylum, upon order of board of commissioners, could be held liable for medicines and medical attention received. Ostland v. Porter, 25 N.W. 731, 4 Dakota 98, 1885 Dakota LEXIS 13 (Dakota 1885).

50-01-13. Medical attention and hospitalization furnished poor. [Effective September 1, 2022]

Within the limits of the human service zone appropriation, the human service zone promptly shall provide necessary medical services, covered in the written eligibility standards for general assistance, for any poor person in the human service zone who is not provided for in a public institution. The human service zone shall cause to be furnished to the person the necessary covered medicines prescribed by a physician. Necessary covered hospitalization must be furnished by the human service zone upon approval or subsequent ratification by the human service zone director or the director’s designee. If the poor person is a nonresident of the state, the human service zone furnishing the medical services must be reimbursed within the limits of funds appropriated for that purpose by the legislative assembly for eighty percent of the expenses incurred in carrying out this section. The reimbursement must be made upon vouchers having the approval of the department of health and human services.

Source:

Pol. C. 1877, ch. 33, § 6; R.C. 1895, § 1479; R.C. 1899, § 1479; R.C. 1905, § 1855; S.L. 1913, ch. 121, § 6; C.L. 1913, § 2502; S.L. 1929, ch. 107, § 1; 1933, ch. 97, § 5; R.C. 1943, § 50-0113; S.L. 1951, ch. 283, § 1; 1957 Supp., § 50-0113; S.L. 1963, ch. 200, § 16; 1995, ch. 34, § 13; 1995, ch. 456, § 10; 2019, ch. 391, § 49, effective January 1, 2020; 2021, ch. 352, § 377, effective September 1, 2022.

50-01-14. Restrictions on aid furnished nonresidents. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-15. Transportation not furnished to nonresident. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-16. Complaint in behalf of the poor. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-17. Person required to work.

If a person applying for general assistance is able to work, or if any member of that person’s family is able to work, the human service zone in which the person is a resident may insist that those able to work seek employment and the human service zone director or the director’s designee may refuse to furnish any assistance until it is satisfied that the person claiming assistance is endeavoring to find work. The human service zone may attempt to secure, for a person claiming general assistance, who is able to work, employment in the county where the person resides and may call upon residents of the county to aid the human service zone in finding work for that person.

Source:

S.L. 1913, ch. 121, § 9; C.L. 1913, § 2506; S.L. 1933, ch. 97, § 8; R.C. 1943, § 50-0117; S.L. 1995, ch. 456, § 11; 2019, ch. 391, § 50, effective January 1, 2020.

50-01-17.1. Work requirement conditions.

If a person applying for general assistance is able to work, the human service zone director or the director’s designee, at its option, may require the applicant to comply with any or all of the following provisions as a condition to receiving general assistance:

  1. To register with job service North Dakota.
  2. To participate in work incentive programs in accordance with the guidelines established for public assistance programs.
  3. To accept work which is available through community work experience programs.

Source:

S.L. 1981, ch. 485, § 1; 1995, ch. 456, § 12; 2019, ch. 391, § 51, effective January 1, 2020.

50-01-17.2. Community work experience programs — Development. [Effective through August 31, 2022]

The department of human services may develop community work experience programs through agreements with any public entity, nonprofit agency or organization, or in conjunction with, or through utilization of, applicable federal programs. The number of hours to be worked may be determined by dividing the amount of the assistance payment by the prevailing minimum wage.

Source:

S.L. 1981, ch. 485, § 2; 2019, ch. 391, § 52, effective January 1, 2020.

50-01-17.2. Community work experience programs — Development. [Effective September 1, 2022]

The department of health and human services may develop community work experience programs through agreements with any public entity, nonprofit agency or organization, or in conjunction with, or through utilization of, applicable federal programs. The number of hours to be worked may be determined by dividing the amount of the assistance payment by the prevailing minimum wage.

Source:

S.L. 1981, ch. 485, § 2; 2019, ch. 391, § 52, effective January 1, 2020; 2021, ch. 352, § 378, effective September 1, 2022.

50-01-17.3. Community work experience program requirements.

Any community work experience program established pursuant to this chapter must provide:

  1. That appropriate health, safety, and work conditions exist.
  2. That the program does not result in displacement of persons currently employed.
  3. That the program does not apply to jobs covered by a collective bargaining agreement.
  4. That recipients will not be required to travel an unreasonable distance from their homes or to remain away from their homes overnight.
  5. That the human service zone shall provide for transportation and all other costs reasonably necessary for and directly related to a recipient’s participation in the program.

Source:

S.L. 1981, ch. 485, § 3; 2019, ch. 391, § 53, effective January 1, 2020.

50-01-17.4. Community work experience program participation.

No recipient may be required to participate in a work experience program if:

  1. The position offered is vacant because of a strike, lockout, or other labor dispute.
  2. The recipient would be required to join a company union or to resign from or refrain from joining any legitimate labor organization.
  3. Participation would impose a hardship on the recipient or the recipient’s family because of illness, physical or mental disability, or remoteness of the recipient’s residence from the place of employment.

Source:

S.L. 1981, ch. 485, § 4.

50-01-17.5. Refusal to comply with work requirements — Denial of relief.

Refusal of any applicant or recipient, without good cause, to comply with any work requirements established pursuant to this chapter may be grounds for denial or termination of general assistance.

Source:

S.L. 1981, ch. 485, § 5; 1995, ch. 456, § 13; 2019, ch. 391, § 54, effective January 1, 2020.

50-01-18. Refusal of poor person to work. [Repealed]

Repealed by S.L. 1981, ch. 485, § 6.

50-01-19. Duty of relative to aid — Right of recovery by county. [Repealed]

Source:

S.L. 1933, ch. 97, § 10; R.C. 1943, § 50-0119; S.L. 1995, ch. 456, § 14; repealed by 2019, ch. 129, § 2, effective March 22, 2019.

50-01-20. Assistance by relatives. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-21. County and department have preferred claim against estate of recipient of county general assistance or general assistance.

Funds used for subsistence, medical, hospital, or burial expenses of a recipient of county general assistance or general assistance may not be considered as gifts, and the county and department have a preferred claim against the estate of any person who has received county general assistance or general assistance for funds expended for that person and that person’s legal dependents. The statute of limitations does not run on this type of claim.

Source:

S.L. 1941, ch. 137, § 1; R.C. 1943, § 50-0121; S.L. 1957, ch. 220, § 2; 1957 Supp., § 50-0121; S.L. 1995, ch. 456, § 15; 2019, ch. 391, § 56, effective January 1, 2020.

Cross-References.

Support of child by county, liability of parent’s estate, see § 14-09-12.

Notes to Decisions

Statute of Limitations.

The exemption from the statute of limitations contained in this section did not apply to an action by the state public welfare board seeking recovery of funds paid to an old-age assistance recipient. Weber v. Weber, 77 N.D. 142, 42 N.W.2d 67, 1950 N.D. LEXIS 113 (N.D. 1950).

50-01-22. Actions and proceedings — Duty of state’s attorneys. [Repealed]

Repealed by S.L. 1995, ch. 456, § 25.

50-01-23. Sending pauper out of county unlawful — Prosecution. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

50-01-24. Penalty for bringing pauper into the county. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

50-01-25. Fraudulent acts — Penalty. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

50-01-26. Human service zone of residence for county general assistance purposes.

A person who has residence in this state, for general assistance purposes, is a resident of the human service zone in which the person is living on other than a temporary basis. If a person is living in a human service zone on a temporary basis, the person is a resident of the human service zone in which the person most recently lived other than on a temporary basis.

Source:

S.L. 1995, ch. 456, § 16; 2019, ch. 391, § 57, effective January 1, 2020.

50-01-27. State of residence for county general assistance purposes.

A person who is a resident of this state for purposes of chapter 50-24.5 is a resident of this state for county general assistance purposes. If a person moves from this state for other than a temporary purpose, the person’s residency in this state for county general assistance purposes is lost. Residency in this state is presumed lost if:

  1. The person plans to be absent or has been absent from this state for one year or longer; or
  2. The person receives any form of public or general assistance, while in another state, which is available only to residents of that state.

Source:

S.L. 1995, ch. 456, § 16; 2019, ch. 391, § 58, effective January 1, 2020.

50-01-28. Change of residence to another human service zone.

If a person who is receiving general assistance in one human service zone becomes a resident of another human service zone in this state, the human service zone from which the person moves shall forward appropriate records and files to the new human service zone of residence.

Source:

S.L. 1995, ch. 456, § 16; 2019, ch. 391, § 59, effective January 1, 2020.

50-01-29. Persons with uncertain residence.

If the residence of a person is uncertain for general assistance purposes, the human service zone in which the person lives shall provide county general assistance until that person’s residence is determined.

Source:

S.L. 1995, ch. 456, § 16; 2019, ch. 391, § 60, effective January 1, 2020.

CHAPTER 50-01.1 Multicounty Social Service Districts

50-01.1-01. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context or subject matter otherwise requires:

  1. “Department” means the department of human services.
  2. “Direct costs” means costs that are charged directly to the human service zone human serviceS fund. Direct costs are costs related directly to human service zone team members or human service zone services, including compensation, fringe benefits, and operating costs that are not identified by the department as an indirect cost.
  3. “Host county” means the county within the human service zone in which the human service zone administrative office is located and in which the human service zone team members are employed.
  4. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  5. “Human service zone director” means a human service zone team member who oversees the human service zone’s operation and budget and serves as presiding officer of the human service zone board.
  6. “Human service zone team member” means a county employee who is responsible for administering or delivering human services under the direction of the human service zone director.
  7. “Human services” means:
    1. A service or assistance provided to an individual or an individual’s family in need of services or assistance, including child welfare services, locally administered economic assistance programs, medical service programs, and aging service programs, to assist the individual or the individual’s family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing.
    2. A service or assistance provided, administered, or supervised by the department in accordance with chapter 50-06.
    3. Licensing duties as administered or supervised by the department or delegated by the department to a human service zone.
  8. “Indirect costs” means salaries, benefits, and operating costs incurred in providing those goods and services to support human services that are generally available for the common benefit of multiple county agencies which are not identified by the department as a direct cost. Indirect costs include legal representation; facilities and related costs, such as utilities and maintenance; administrative support including payroll, accounting, banking, and coordination; information technology support and equipment; and miscellaneous goods and services, such as transportation, supplies, insurance coverage, phone, and mail services.
  9. “Locally administered economic assistance programs” means those primary economic assistance programs that need to be accessible to all citizens of the state through a human service zone office and include:
    1. Temporary assistance for needy families;
    2. Employment and training programs;
    3. Child care assistance programs;
    4. Medical assistance, including early periodic screening, diagnosis, and treatment;
    5. Supplemental nutrition assistance programs, including employment and training programs;
    6. Refugee assistance programs;
    7. Basic care services;
    8. Energy assistance programs; and
    9. Information and referral.

Source:

S.L. 1971, ch. 464, § 1; 1981, ch. 486, § 17; 1991, ch. 506, § 2; 2019, ch. 391, § 61, effective July 1, 2019; 2021, ch. 353, § 8, effective August 1, 2021; 2021, ch. 352, § 379, effective September 1, 2022.

Note.

Section 50-01.1-01 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.11 the section is printed above to harmonize and give effect to the changes made in Section 8 of Chapter 353, Session Laws 2021, Senate Bill 2086; and Section 379 of Chapter 352, Session Laws 2021, House Bill 1247.

50-01.1-01. Definitions. [Effective September 1, 2022]

As used in this chapter, unless the context or subject matter otherwise requires:

  1. “Direct costs” means costs that are charged directly to the human service zone human services fund. Direct costs are costs related directly to human service zone team members or human service zone services, including compensation, fringe benefits, and operating costs that are not identified by the department as an indirect cost.
  2. “Host county” means the county within the human service zone in which the human service zone administrative office is located and in which the human service zone team members are employed.
  3. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  4. “Human service zone director” means a human service zone team member who oversees the human service zone’s operation and budget and serves as presiding officer of the human service zone board.
  5. “Human service zone team member” means a county employee who is responsible for administering or delivering human services under the direction of the human service zone director.
  6. “Human services” means:
    1. A service or assistance provided to an individual or an individual’s family in need of services or assistance, including child welfare services, locally administered economic assistance programs, medical service programs, and aging service programs, to assist the individual or the individual’s family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing.
    2. A service or assistance provided, administered, or supervised by the department in accordance with chapter 50-06.
    3. Licensing duties as administered or supervised by the department or delegated by the department to a human service zone.
  7. “Indirect costs” means salaries, benefits, and operating costs incurred in providing those goods and services to support human services that are generally available for the common benefit of multiple county agencies which are not identified by the department as a direct cost. Indirect costs include legal representation; facilities and related costs, such as utilities and maintenance; administrative support including payroll, accounting, banking, and coordination; information technology support and equipment; and miscellaneous goods and services, such as transportation, supplies, insurance coverage, phone, and mail services.
  8. “Locally administered economic assistance programs” means those primary economic assistance programs that need to be accessible to all citizens of the state through a human service zone office and include:
    1. Temporary assistance for needy families;
    2. Employment and training programs;
    3. Child care assistance programs;
    4. Medical assistance, including early periodic screening, diagnosis, and treatment;
    5. Supplemental nutrition assistance programs, including employment and training programs;
    6. Refugee assistance programs;
    7. Basic care services;
    8. Energy assistance programs; and
    9. Information and referral.

“Department” means the department of health and human services.

Source:

S.L. 1971, ch. 464, § 1; 1981, ch. 486, § 17; 1991, ch. 506, § 2; 2019, ch. 391, § 61, effective July 1, 2019; 2021, ch. 353, § 8, effective August 1, 2021; 2021, ch. 352, § 379, effective September 1, 2022.

50-01.1-02. Creation of human service zones.

  1. In order to provide optimum service, reduce program costs, and benefit recipients of human services within this state, counties shall combine and consolidate their county agencies into human service zones in the manner provided in this chapter.
  2. Human service zones succeed to all the powers and duties enumerated for county agencies and shall perform all the functions and responsibilities assigned to county agencies by this title. When consistent with this chapter, all provisions relating to county agencies contained in this title apply to and govern human service zones.
  3. Counties shall identify other counties with which to enter a human service zone agreement, and together the board of county commissioners shall file with the department a written agreement to create a human service zone no later than December 1, 2019. The agreement must identify the proposed counties of the human service zone, host county, identify the human service zone board members, and agree to seek approval from the department regarding hiring or dismissal of county social services or human service zone employees. The department shall review and approve all agreements in accordance with section 50-01.1-03. The department may modify the agreements as specified in section 50-01.1-03 or if some of the counties are not included in a human service zone. If counties do not submit an agreement, the department shall create the human service zone. The board of county commissioners shall submit a plan as prescribed in section 50-01.1-04 by June 1, 2020. The department shall approve the plan in accordance with section 50-01.1-04 by January 1, 2021. The board of county commissioners shall provide quarterly updates as requested by the department to the department after the agreement is approved until the plan is submitted as requested.
  4. The agreement and proposed plan must be approved or disapproved by the department in accordance with section 50-01.1-03.
  5. A county with a population exceeding sixty thousand individuals according to the 2010 United States census may submit an agreement and proposed plan to operate as a single human service zone or to consolidate with other counties into a human service zone.
  6. Counties shall consider leveraging existing cooperative agreements between county agencies and shall consider how to collaborate to best meet local need, promote efficiency, service delivery, and ensure quality service.
  7. Counties’ plan must allow nonresidents of the participating counties of a human service zone to access human services.
  8. Counties’ plan must continue to provide funding for indirect costs associated with the service delivery of human services pursuant to chapter 50-35.
  9. Counties’ plan must set forth that the human service zone director may hire and impose disciplinary actions on a human service zone team member. The counties’ plan must specify any role transitions for human service zone team members as well as the procedures for team member grievances, appeals, and disciplinary actions. The counties’ plan must also permit the department authority to reduce full-time equivalent positions in combination with a transfer of the positions or a human service zone team member’s separation from employment. The component of the plan developed under this subsection must be consistent with merit system requirements, chapter 54-44.3 and corresponding rules, and the template developed by the department for the human service zone plans under section 50-06-01.4.
  10. The counties’ plan must specify that reductions in access points may only be made with agreement of the human service zone board, the county commissions of affected counties, and the department.
  11. The counties’ plan must include information regarding the human service zone’s liability coverage for the human service zone board, human service zone director, human service zone team members, human service zone property, and any unique contractual relationships with the state, other human service zones, or other entities.
  12. Counties’ plan must include a statement of agreement between the human service zone and the department allowing for review of proposed transfers of staff from the human service zone to the department, from the department to the human service zone, or among other human service zones. Approval by human service zone board or the county commissions is not required.
  13. Counties’ plan must include a description of all unique locally provided programs and services that the counties are proposing to continue to provide within the human service zone and to be funded under this plan.
  14. Counties’ agreement and plan must set forth the membership of the human service zone board of a human service zone. The human service zone board may not consist of more than fifteen members, as determined by the boards of county commissioners.

Source:

S.L. 1971, ch. 464, § 2; 1991, ch. 506, § 3; 2019, ch. 391, § 62, effective July 1, 2019.

50-01.1-02.1. Financial incentives for creation of multicounty social service districts. [Repealed]

Source:

S.L. 1991, ch. 506, § 1; repealed by 2019, ch. 391, § 139, effective January 1, 2020.

50-01.1-03. Manner of determination.

  1. In determining whether the creation of a human service zone should be approved or established, the department shall refer to, among other pertinent factors, the following:
    1. Whether the affected county agencies are able to supply an adequate level and quality of social and economic assistance services.
    2. The number and qualifications of staff personnel serving the affected county agencies.
    3. The ratio of the number of cases handled by the affected county agencies to the number of their staff personnel.
    4. The geographical area and population served by the affected county agencies.
    5. The distance of recipients from the affected county agencies.
    6. The benefits that would be realized from the creation of the human service zone in terms of lower costs, increased availability of services, new services, and improvement of services.
    7. The amount of current and future access points for individuals to apply for and receive services within a human service zone.
    8. The existing pattern of the counties trade area and any regional pattern established by the department.
    9. Whether the county has a population exceeding sixty thousand individuals according to the 2010 United States census to operate as a single human service zone and whether it is in the best interest of the neighboring counties.
    10. The maximum number of human service zones created may not exceed nineteen.
    11. Whether the human service zone director can adequately supervise the activities and operations of the human service zone.
    12. Whether the human service zone board is constituted of individuals that represent the population of the human service zone.
    13. Other good cause.
  2. The department has final approval of a human service zone. The department may establish or modify a human service zone based on the criteria set forth in subsection 1. All human service zones must be initially approved or established by January 1, 2020, and may be modified thereafter through a process developed by the department.

Source:

S.L. 1971, ch. 464, § 3; 1991, ch. 506, § 4; 2019, ch. 391, § 63, effective July 1, 2019.

50-01.1-04. Plan — Financing — Human service zone board.

  1. A plan for the creation of a human service zone must describe the method of operation of the human service zone office, its administration, its location and the location of any ancillary offices, the disbursements from public funds, and the accountability for funds and manner of reporting receipts and disbursements. The plan must provide for the distribution of property owned by each of the county agencies affected by the consolidation and for the method of resolution of any disagreement between the boards of county commissioners involved in the human service zone or between the governing board and one or more boards of county commissioners. The plan must also require the participating counties to participate in the indirect cost allocation plan. The plan, once approved, may be continued for a definite term or until rescinded, terminated, or modified by the department through a process developed by the department.
  2. The human service zone director shall prepare a proposed budget for the human service zone at the time and in the manner as requested by the department and shall submit the department-approved proposed budget to the board of county commissioners of each county in the human service zone for review. The board of county commissioners may not take any action to amend or modify the amount approved by the department. The board of county commissioners may make recommendations to the human service zone director and the department to amend or modify the amount proposed or budgeted. The amount budgeted must be sufficient to defray the anticipated expenses of administration and the delivery of human services. Within ten days following review of the proposed budget by the boards of county commissioners, the human service zone director shall certify the budget to the respective county auditors of the counties in the district. Each board of county commissioners also shall budget and approve amounts sufficient to defray that county’s anticipated indirect costs of the human service zone. Indirect costs of the human service zone may not become direct costs without written approval of the department. The amounts budgeted, reviewed, and approved by the several boards of county commissioners or the department, or both must be periodically deposited with the treasurer of the host county in which the human service zone office is located and must be placed in a special human service zone human services fund. The human service zone’s income must be deposited into the human service zone human services fund by the treasurer of the host county. The human service zone board shall establish procedures for the review and approval of all claims against the human service zone human services fund. The human service zone director or designee shall approve or ratify all claims against the human service zone human services fund. The county treasurer of the host county, shall pay approved or ratified claims from the human service zone human services fund. Unexpended human service zone human services funds remaining at the end of a fiscal year may be carried over to the next fiscal year pursuant to section 50-35-05. The department may recalculate and adjust each human service zone’s payment based on pertinent factors, which include actual expenditures over the prior or current payment period, current costs, offered services, need, income, performance of duties directed or assigned and supervised by the department, and caseload.

Source:

S.L. 1971, ch. 464, § 4; 1981, ch. 486, § 18; 1991, ch. 326, § 177; 1991, ch. 506, § 5; 1995, ch. 456, § 17; 2013, ch. 93, § 14; 2019, ch. 391, § 64, effective July 1, 2019; 2019, ch. 391, § 65, effective January 1, 2020; 2021, ch. 353, § 9, effective August 1, 2021.

Effective Date.

The 2013 amendment of this section by section 14 of chapter 93, S.L. 2013 became effective August 1, 2013.

Cross-References.

Amount allowed for meals and lodging, see § 44-08-04.

Mileage and travel expense of state officers and employees, see § 54-06-09.

Unlawful expense and traveling accounts, see § 44-08-05.

50-01.1-05. Duties of human service zone.

The human service zone shall, under the direction and supervision of the department, unless otherwise directed or determined by the department:

  1. Supervise and direct all human services activities conducted by the human service zone, including general assistance or other public assistance.
  2. Supervise and administer human services in the human service zone which are financed in whole or in part with funds allocated or distributed by the department.
  3. Aid and assist in every reasonable way to efficiently coordinate and conduct human services activities within the human service zone by private as well as public organizations.
  4. Subject to subsection 16 of section 50-06-05.1, administer the supplemental nutrition assistance program in the human service zone in conformity with the Food Stamp Act of 1964, and enter an agreement for administering the supplemental nutrition assistance program with the department.
  5. Subject to subsection 18 of section 50-06-05.1, administer the home energy assistance program in the human service zone and enter an agreement for administering the home energy assistance program with the department.
  6. Charge and collect fees and expenses for services provided by the human service zone’s staff in accordance with policies and fee schedules adopted by the department.
  7. Supervise and administer designated child welfare services.
  8. Supervise and administer human services.
  9. Supervise and administer replacement programs with substantially similar goals, benefits, or objectives.
  10. If applicable, supervise and administer experimental, pilot, statewide, regional, or transitional programs under the director of the department and with the goals of enhancing quality, effectiveness, and efficiency of programs and services.
  11. Cooperate with the department or other human service zones in revising human service zone operations to reflect department guidelines or best practices that may be based on recommendations from experimental or pilot programs.
  12. Cooperate with any other human service zone to assure the conduct of initial and ongoing human services with respect to any applicant or eligible beneficiary who is physically present in a human service zone other than the human service zone of which the applicant or eligible beneficiary is a resident.
  13. Employ a human service zone director who shall serve as the presiding officer of the human service zone board.
  14. Collaborate with the department and other human service zones to ensure the provision of quality, effective, and efficient human services to the citizens of North Dakota.

Source:

S.L. 2019, ch. 391, § 66, effective January 1, 2020.

50-01.1-06. Human service zone directors.

Human service zone directors:

  1. Must be employees of the human service zone and located within the human service zone, unless serving more than one human service zone.
  2. Shall serve as the presiding officer of the human service zone board.
  3. May serve one or more human service zones.
  4. May hire, take disciplinary actions, and direct the work of a human service zone team member in accordance with the department’s policies. The human service zone director has discretion to hire or separate from employment a human service zone team member, on behalf of the human service zone board, subject to the allotted number of approved and funded staff positions by the department.
  5. Shall notify the department and appropriate host county staff, as directed by the county commissioners, regarding the hiring, dismissal, demotion, suspension without pay, forced relocation within the human service zone, reduction-in-force, or reprisal of a human service zone team member.
  6. May notify county commissioners, the human service zone board, or other appropriate county staff regarding transfers of staff between the county and the department.
  7. Shall establish, as agreed upon by the department, equitable compensation and salary increases for all human service zone team members within established appropriation.
  8. Shall develop a budget for the human service zone in partnership with the department and other human service zone directors to ensure the administration of human services.
  9. May serve as a designee of the department to supervise department employees assigned to or located within the human service zone.
  10. Are the custodian designees of the executive director of the department for any child in the custody of the department.

Source:

S.L. 2019, ch. 391, § 67, effective January 1, 2020.

50-01.1-07. Human service zone and department may contract.

A human service zone and department may contract with another human service zone or any other public or private person to discharge any of its duties or exercise any of its powers to administer human services.

Source:

S.L. 2019, ch. 391, § 68, effective January 1, 2020.

50-01.1-08. Standards of administration — Action upon failure to administer.

  1. The department shall adopt standards for administration for human services and shall provide training for the implementation of those standards. Each human service zone shall provide for administration of human services that meet those standards.
  2. The department shall develop a system of progressive discipline to address performance issues within the human service zone. The system shall reserve the most serious actions for severe or chronic failure to meet the standards adopted under subsection 1.
  3. The department shall provide ongoing performance notifications to the human service zone board and human service zone director related to the overall compliance with the standards of administration.
  4. If a human service zone fails to provide for administration of human services that meet the standards adopted under subsection 1, the department may take any of the following actions:
    1. Provide training to the persons responsible for administration.
    2. Require the human service zone to prepare and implement a corrective action plan.
    3. Terminate or modify a human service zone, agreement, or plan which may include requiring the reconstituting of the human service zone board or rehiring of a human service zone director as part of a new or modified agreement or plan.
    4. Recalculate and adjust the human service zone’s payments.
    5. Recommend disciplinary action to the human service zone director or the human service zone board.

Source:

S.L. 2019, ch. 391, § 69, effective January 1, 2020; 2021, ch. 353, § 10, effective August 1, 2021.

50-01.1-09. Human service zone director hiring.

The department must be an active participant in the hiring process of the human service zone director and shall designate at least two individuals to participate on the interview panel. The department shall approve or disapprove of the recommendation for the human service zone director from the human service zone board and interview panel before the human service zone board takes action to hire the human service zone director.

Source:

S.L. 2019, ch. 391, § 70, effective January 1, 2020.

50-01.1-10. Human service zones accepting gifts and donations.

A human service zone shall secure, hold, and administer for the purpose for which the human service zone is established any property and any funds donated to the human service zone either by will or deed, or otherwise, or through court order or otherwise available to the human service zone, and to administer the funds or property in accordance with the instructions in the instrument creating the funds or property or in accordance with the instructions in the court order or otherwise. Property and funds received by a human service zone under this section are not considered income to the human service zone.

Source:

S.L. 2021, ch. 353, § 11, effective August 1, 2021.

CHAPTER 50-01.2 County Social Service Boards

50-01.2-00.1. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context otherwise requires:

  1. “Department” means the department of human services.
  2. “Host county” means the county within the human service zone in which the human service zone administrative office is located and in which the human service zone team members are employed.

Source:

S.L. 1997, ch. 403, § 1; 1999, ch. 421, § 1; 2001, ch. 418, § 1; 2007, ch. 417, § 4; 2013, ch. 367, § 2; 2015, ch. 329, § 2, effective January 1, 2016; 2019, ch. 391, § 71, effective January 1, 2020.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 329, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

The 2013 amendment of this section by section 2 of chapter 367, S.L. 2013 became effective August 1, 2013.

The 2007 amendment of this section by section 4 of chapter 417, S.L. 2007 became effective July 1, 2007.

50-01.2-00.1. Definitions. [Effective September 1, 2022]

In this chapter, unless the context otherwise requires:

  1. “Department” means the department of health and human services.
  2. “Host county” means the county within the human service zone in which the human service zone administrative office is located and in which the human service zone team members are employed.

Source:

S.L. 1997, ch. 403, § 1; 1999, ch. 421, § 1; 2001, ch. 418, § 1; 2007, ch. 417, § 4; 2013, ch. 367, § 2; 2015, ch. 329, § 2, effective January 1, 2016; 2019, ch. 391, § 71, effective January 1, 2020; 2021, ch. 352, § 380, effective September 1, 2022.

50-01.2-01. Human service zone board — Members — Qualifications.

The board of county commissioners of each county within the human service zone shall appoint the appointed members of the human service zone board based upon fitness to serve as members by reason of character, experience, and training without regard to political affiliation. Appointed members of the human service zone board must consist of local elected officials and other key community partners. If a human service zone consists of two or more counties, each county must be represented on the human service zone board by only one county commissioner of that county. If a human service zone consists of a single county, the county must be represented on the human service zone board by no more than two county commissioners of that county and the human service zone board must have at least five appointed members. Appointed members shall elect a vice presiding officer and appoint a secretary, and other officers as the human service zone board determines necessary. The human service zone director shall serve as presiding officer of the human service zone board as a nonappointed member.

Source:

S.L. 1995, ch. 456, § 18; 2019, ch. 391, § 72, effective January 1, 2020; 2021, ch. 353, § 12, effective January 1, 2022.

50-01.2-02. Members of human service zone board — Term of office — Oath — Compensation.

The appointed members of the human service zone board serve a term of three years or until their successors have duly qualified. The members appointed to the initial human service zone board of a human service zone, however, must be appointed to staggered terms determined according to the plan approved pursuant to section 50-01.1-03. Each appointed member of the human service zone board shall qualify by taking the oath provided for civil officers. The oath must be filed with the county auditor of the county of residency. The human service zone shall compensate appointed members of the human service zone board at a rate established by the host county commission, upon consultation with the other county commissions in the human service zone, consistent with the rate of compensation for members of other appointed boards within the member counties and not to exceed the compensation and expense reimbursement of members of the legislative assembly. The human service zone shall also pay members for mileage and actual expenses incurred in attending meetings and in other performance of official duties of the members in the amounts provided by law for other state officers.

Source:

S.L. 1995, ch. 456, § 18; 2013, ch. 93, § 15; 2019, ch. 391, § 73, effective January 1, 2020.

Effective Date.

The 2013 amendment of this section by section 15 of chapter 93, S.L. 2013 became effective August 1, 2013.

50-01.2-03. Duties of human service zone board.

The human service zone board in this state shall:

  1. Provide information to the department relative to the community needs of the human service zone residents and advocate to meet those needs.
  2. Review services and programs provided by the human service zone and make periodic recommendations for improvement in services, programs, or facilities.
  3. Aid and assist in every reasonable way to efficiently coordinate and conduct human service activities within the human service zone by private as well as public organizations.
  4. Establish procedures for the review and approval of all claims against the human service zone human services fund.
  5. Supervise and take other personnel actions related to the human service zone director with direct consultation and involvement from the department. Hire the human service zone director with the express approval of the department. Employment must be consistent with the provisions of any law, rule, order, or regulation of the United States or any federal agency or authority requiring civil service or merit standards or classifications as a condition for providing funds administered by the department. A human service zone director must be hired by April 1, 2020.
  6. Hear and act on employee grievances in accordance with the human service zone plan and in compliance with merit system requirements.

Source:

S.L. 1995, ch. 456, § 18; 2005, ch. 418, § 1; 2013, ch. 367, § 3; 2017, ch. 331, § 1, effective August 1, 2017; 2019, ch. 391, § 74, effective January 1, 2020.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 367, S.L. 2013 became effective August 1, 2013.

Notes to Decisions

Deference.

Since the Department supervised the administration of the Supplemental Nutrition Assistance Program (SNAP), under N.D.C.C. § 50-01.1-03(4) and N.D.C.C. § 50-06-05.1, and courts reviewing its determinations were charged with making limited review of decisions over which it had expertise, it could conclude that a nonrecurring expense incurred during one year should not be considered as an anticipated expense during the next year in determining eligibility for SNAP benefits. The one-time expense could not be considered to be an expense that would also impact SNAP eligibility during the next year. Ennis v. N.D. Dep't of Human Servs., 2012 ND 185, 820 N.W.2d 714, 2012 N.D. LEXIS 184 (N.D. 2012).

50-01.2-03.1. Board may contract. [Repealed]

Source:

S.L. 1997, ch. 403, § 3; repealed by 2019, ch. 391, § 139, effective January 1, 2020.

50-01.2-03.2. County duties. [Expired]

Source:

S.L. 1997, ch. 403, § 4; 1999, ch. 34, § 9; 2001, ch. 12, § 26; 2001, ch. 15, § 25; 2005, ch. 416, § 1; 2009, ch. 410, § 1; 2011, ch. 350, § 1; 2017, ch. 341, § 3, effective August 1, 2017; expired by 2019, ch. 391, § 75, effective July 1, 2019.

50-01.2-04. Removal of members of the human service zone board.

The appointing board of county commissioners may adopt a resolution to remove an appointed member of the human service zone board without cause. The board of county commissioners may not remove the human service zone director as presiding officer of the human service zone board.

Source:

S.L. 1995, ch. 456, § 18; 2019, ch. 391, § 76, effective January 1, 2020.

50-01.2-05. Actions and proceedings — Duty of state’s attorney.

Any suit or other proceeding arising out of the administration of the laws pertaining to the support of persons eligible for county general assistance or general assistance must be brought by or against the county in its corporate name, human service zone, or department. The state’s attorney shall institute and conduct or defend any and all actions or proceedings that may be instituted under chapter 50-01. The department may institute and conduct or defend any and all actions or proceedings that may be instituted under section 50-01-21.

Source:

S.L. 1995, ch. 456, § 18; 2019, ch. 391, § 77, effective January 1, 2020; 2021, ch. 353, § 13, effective August 1, 2021.

50-01.2-06. Standards of administration — Action upon failure to administer — Peer review committee — Appeal. [Repealed]

Source:

S.L. 1997, ch. 403, § 2; 1997, ch. 432, § 22; 2001, ch. 293, § 25; repealed by 2019, ch. 391, § 139, effective January 1, 2020.

CHAPTER 50-02 Residence for Poor Relief Purposes [Repealed]

[Repealed by S.L. 1995, ch. 456, § 25]

CHAPTER 50-03 County Human Services Fund [Repealed]

50-03-00.1. Definitions. [Repealed]

Source:

S.L. 1997, ch. 403, § 5; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-01. Board of county commissioners may levy human services funding. [Repealed]

Source:

Pol. C. 1877, ch. 33, § 33; R.C. 1895, § 1505; R.C. 1899, § 1505; R.C. 1905, § 1881; C.L. 1913, § 2539; R.C. 1943, § 50-0301; S.L. 1991, ch. 504, § 3; 2015, ch. 439, § 64, effective January 1, 2015; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-02. County human services fund. [Repealed]

Source:

S.L. 1933, ch. 98, §§ 1, 2; R.C. 1943, § 50-0302; 1991, ch. 504, § 4; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-03. Relief expenditures paid from human services fund. [Repealed]

Source:

S.L. 1933, ch. 98, § 3; R.C. 1943, § 50-0303; 1991, ch. 504, § 5; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-04. Transfer of money to human services fund. [Repealed]

Source:

S.L. 1933, ch. 98, § 4; 1935, ch. 120, § 1; R.C. 1943, § 50-0304; S.L. 1991, ch. 504, § 6; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-05. Emergency expenditures — Special warrants. [Repealed]

Source:

S.L. 1933, ch. 98, § 4; 1935, ch. 120, § 1; R.C. 1943, § 50-0305; S.L. 1991, ch. 504, § 7; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-06. County human services program levy insufficiency due to extraordinary impact — Application for state assistance. [Repealed]

Source:

S.L. 1933, ch. 98, § 5; R.C. 1943, § 50-0306; S.L. 1991, ch. 504, § 8; 2015, ch. 439, § 65, effective January 1, 2015; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-07. Appropriation for food stamp program administration — Financial agreement. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13.

50-03-08. Appropriation for county social service board administration of locally administered economic assistance programs. [Repealed]

Source:

S.L. 1997, ch. 403, § 6; 2015, ch. 329, § 3, effective January 1, 2016; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-09. Department to develop formula. [Repealed]

Source:

S.L. 1997, ch. 403, § 7; repealed by 2015, ch. 329, § 11, eff January 1, 2016; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-03-10. County commissions to make recommendations. [Repealed]

Source:

S.L. 1997, ch. 403, § 8; 2005, ch. 416, § 2; 2007, ch. 417, § 5; 2017, ch. 341, § 15, effective August 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

CHAPTER 50-04 County Asylum for Poor [Repealed]

[Repealed by S.L. 1963, ch. 107, § 3]

CHAPTER 50-05 Habitual Drunkards — Treatment at County Expense [Repealed]

[Repealed by S.L. 1957, ch. 196, § 22]

CHAPTER 50-06 Department of Human Services

50-06-01. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Behavioral health” means the planning and implementation of preventive, consultative, diagnostic, treatment, crisis intervention, rehabilitative, and suicide prevention services for individuals with mental, emotional, or substance use disorders, and psychiatric conditions.
  2. “Behavioral health provider” means any licensed or accredited behavioral health provider in this state.
  3. “Department” means the department of human services.
  4. “Human services” means:
    1. A service or assistance provided to an individual or an individual’s family in need of services or assistance, including child welfare services, economic assistance programs, medical services programs, and aging services programs, to assist the individual or the individual’s family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing.
    2. A service or assistance provided, administered, or supervised by the department in accordance with chapter 50-06.
    3. Licensing duties as administered or supervised by the department or delegated by the department to a human service zone.

Source:

S.L. 1935, ch. 221, § 1; R.C. 1943, § 50-0601; S.L. 1981, ch. 486, § 19; 1989, ch. 575, § 1; 1995, ch. 457, § 1; 2017, ch. 353, § 1, effective August 1, 2017; 2019, ch. 391, § 78, effective January 1, 2020; 2019, ch. 392, § 2, effective August 1, 2019.

Note.

Section 50-06-01 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 78 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 2 of Chapter 392, Session Laws 2019, Senate Bill 2198.

50-06-01. Definition. [Effective September 1, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Behavioral health” means the planning and implementation of preventive, consultative, diagnostic, treatment, crisis intervention, rehabilitative, and suicide prevention services for individuals with mental, emotional, or substance use disorders, and psychiatric conditions.
  2. “Behavioral health provider” means any licensed or accredited behavioral health provider in this state.
  3. “Department” means the department of health and human services.
  4. “Human services” means:
    1. A service or assistance provided to an individual or an individual’s family in need of services or assistance, including child welfare services, economic assistance programs, medical services programs, and aging services programs, to assist the individual or the individual’s family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing.
    2. A service or assistance provided, administered, or supervised by the department in accordance with chapter 50-06.
    3. Licensing duties as administered or supervised by the department or delegated by the department to a human service zone.

Source:

S.L. 1935, ch. 221, § 1; R.C. 1943, § 50-0601; S.L. 1981, ch. 486, § 19; 1989, ch. 575, § 1; 1995, ch. 457, § 1; 2017, ch. 353, § 1, effective August 1, 2017; 2019, ch. 391, § 78, effective January 1, 2020; 2019, ch. 392, § 2, effective August 1, 2019; 2021, ch. 352, § 381, effective September 1, 2022.

50-06-01.1. Department of human services to be substituted for public welfare board of North Dakota and social service board of North Dakota, members of board, and executive director. [Effective through August 31, 2022]

When the terms “public welfare board of North Dakota”, “social service board of North Dakota”, “executive director of the public welfare board”, “executive director of the social service board”, “member of the public welfare board”, or “member of the social service board”, or any derivative of those terms which, when used in context indicates an intention to refer to those persons or that board, appear in the North Dakota Century Code, the term “department of human services”, or the term “executive director of the department of human services”, as the case may be, must be substituted therefor. It is the intent of the legislative assembly that the department of human services must be substituted for, shall take any action previously to be taken by, and shall perform any duties previously to be performed by the public welfare board of North Dakota or by the social service board of North Dakota.

Source:

S.L. 1971, ch. 465, § 1; 1981, ch. 486, § 20.

50-06-01.1. Department of health and human services to be substituted for public welfare board of North Dakota and social service board of North Dakota, members of board, executive director, and department of human services. [Effective September 1, 2022]

When the terms “public welfare board of North Dakota”, “social service board of North Dakota”, “executive director of the public welfare board”, “executive director of the social service board”, “department of human services”, or “executive director of the department of human services”, “member of the public welfare board”, or “member of the social service board”, or any derivative of those terms which, when used in context indicates an intention to refer to those persons or that board, appear in the North Dakota Century Code, the term “department of health and human services”, or the term “executive director of the department of health and human services”, as the case may be, must be substituted therefor. It is the intent of the legislative assembly that the department of health and human services must be substituted for, shall take any action previously to be taken by, and shall perform any duties previously to be performed by the public welfare board of North Dakota, by the social service board of North Dakota, by the department of human services, or by the state department of health. The legislative council may replace references to the “department of human services” or “executive director of the department of human services” or any derivatives of those terms with “department of health and human services” or “executive director of the department of health and human services” in any measure enacted by the sixty-seventh legislative assembly.

Source:

S.L. 1971, ch. 465, § 1; 1981, ch. 486, § 20; 2021, ch. 352, § 382, effective September 1, 2022.

50-06-01.2. Department of human services — Creation. [Repealed]

Source:

S.L. 1981, ch. 486, § 1; 1991, ch. 508, § 2; 1995, ch. 243, § 2; 1999, ch. 422, § 1; 2007, ch. 39, § 19; repealed by 2017, ch. 353, § 10, effective August 1, 2017.

50-06-01.3. Appointment of executive director — Compensation.

The governor shall appoint the executive director of the department who shall serve at the pleasure of the governor. The executive director shall take the oath of office required of civil officers by section 44-01-05. The executive director is entitled to receive compensation in the amount established by the governor within the limits of legislative appropriations.

Source:

S.L. 1981, ch. 486, § 2; 1989, ch. 69, § 53; 1989, ch. 575, § 2; 1995, ch. 457, § 2.

50-06-01.4. Structure of the department. [Effective through August 31, 2022]

  1. The department includes the state hospital, the regional human service centers, a vocational rehabilitation unit, and other units or offices and administrative and fiscal support services as the executive director determines necessary. The department must be structured to promote efficient and effective operations and, consistent with fulfilling its prescribed statutory duties, shall act as the official agency of the state in the discharge of the following functions not otherwise by law made the responsibility of another state agency:
    1. Administration of programs for children and families, including adoption services and the licensure of child-placing agencies, foster care services and the licensure of foster care arrangements, certification of shelter care services, child protection services, children’s trust fund, licensure of early childhood programs, refugee services, in-home community-based services, quality control, and administration of the interstate compacts on the placement of children and juveniles.
    2. Administration of programs for individuals with developmental disabilities, including licensure of facilities and services, and the design and implementation of a community-based service system for persons in need of habilitation.
    3. Administration of aging service programs, including nutrition, transportation, advocacy, social, ombudsman, recreation, and related services funded under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], home and community-based services, licensure of adult foster care homes, and the committee on aging.
    4. Administration of behavioral health programs, including:
      1. A policy division responsible for reviewing and identifying service needs and activities in the state’s behavioral health system in an effort to ensure health and safety, access to services, and quality of services; establishing quality assurance standards for the licensure of substance use disorder program services and facilities; and providing policy leadership in partnership with public and private entities; and
      2. A service delivery division responsible for providing chronic disease management, regional intervention services, and twenty-four-hour crisis services for individuals with behavioral health disorders.
    5. Administration of economic assistance programs, including temporary assistance for needy families, the supplemental nutrition assistance program, home energy assistance, child care assistance, refugee assistance, work experience, work incentive, and quality control.
    6. Administration of medical service programs, including medical assistance for children’s health insurance program, Medicaid waivers, early and periodic screening, diagnosis and treatment, utilization control, autism services, and claims processing.
    7. Administration of general assistance.
    8. Administration of child support.
  2. The executive director shall consult with and maintain a close working relationship with the state department of health; with the department of corrections and rehabilitation and the superintendents of the school for the deaf and the North Dakota vision services-school for the blind to develop programs for individuals with developmental disabilities; and with the superintendent of public instruction to maximize the use of resource persons in regional human service centers in the provision of special education services. The executive director shall also maintain a close liaison with human service zones.
  3. By August 1, 2019, the department shall establish a template for the development of human service zone plans, including process and content requirements, access point expectations, client grievances procedures, human resources, and locally funded programs or services and how those services will be addressed.
  4. The department shall develop, with assistance from the North Dakota association of counties, a process for consultation and technical assistance for human service zone working groups by August 1, 2019.

Source:

S.L. 1981, ch. 486, § 3; 1985, ch. 311, § 11; 1985, ch. 521, § 3; 1987, ch. 570, § 18; 1989, ch. 317, § 4; 1991, ch. 508, § 3; 1991, ch. 592, § 25; 1995, ch. 243, § 2; 1995, ch. 458, § 2; 1997, ch. 404, § 50; 2007, ch. 39, § 20; 2013, ch. 367, § 4; 2015, ch. 200, § 31, effective August 1, 2015; 2017, ch. 331, § 2, effective August 1, 2017; 2017, ch. 332, § 3, effective August 1, 2017; 2017, ch. 353, § 2, effective August 1, 2017; 2019, ch. 391, § 79, effective January 1, 2020; 2021, ch. 352, § 383, effective September 1, 2022; 2021, ch. 355, § 1, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 31 of chapter 200, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 4 of chapter 367, S.L. 2013 became effective August 1, 2013.

The 2007 amendment of this section by section 20 of chapter 39, S.L. 2007 became effective July 1, 2007.

Note.

Section 50-06-01.4 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effectt o the changes made in Section 1 of Chapter 355, Session Laws 2021, House Bill 1091; Section 383 of Chapter 352, Session Laws 2021, House Bill 1247.

Section 50-06-01.4 was amended 3 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 331, Session Laws 2017, House Bill 1136; Section 3 of Chapter 332, Session Laws 2017, House Bill 1117; and Section 2 of Chapter 353, Session Laws 2017, Senate Bill 2039.

50-06-01.4. Structure of the department. [Effective September 1, 2022]

  1. The department includes the state hospital, the regional human service centers, a vocational rehabilitation unit, health division, and other units or offices and administrative and fiscal support services as the executive director determines necessary. The department must be structured to promote efficient and effective operations and, consistent with fulfilling its prescribed statutory duties, shall act as the official agency of the state in the discharge of the following functions not otherwise by law made the responsibility of another state agency:
    1. Administration of programs for children and families, including adoption services and the licensure of child-placing agencies, foster care services and the licensure of foster care arrangements, certification of shelter care services, child protection services, children’s trust fund, licensure of early childhood programs, refugee services, in-home community-based services, quality control, and administration of the interstate compacts on the placement of children and juveniles.
    2. Administration of programs for individuals with developmental disabilities, including licensure of facilities and services, and the design and implementation of a community-based service system for persons in need of habilitation.
    3. Administration of aging service programs, including nutrition, transportation, advocacy, social, ombudsman, recreation, and related services funded under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], home and community-based services, licensure of adult foster care homes, and the committee on aging.
    4. Administration of behavioral health programs, including:
      1. A policy division responsible for reviewing and identifying service needs and activities in the state’s behavioral health system in an effort to ensure health and safety, access to services, and quality of services; establishing quality assurance standards for the licensure of substance use disorder program services and facilities; and providing policy leadership in partnership with public and private entities; and
      2. A service delivery division responsible for providing chronic disease management, regional intervention services, and twenty-four-hour crisis services for individuals with behavioral health disorders.
    5. Administration of economic assistance programs, including temporary assistance for needy families, the supplemental nutrition assistance program, home energy assistance, child care assistance, refugee assistance, work experience, work incentive, and quality control.
    6. Administration of medical service programs, including medical assistance for children’s health insurance program, Medicaid waivers, early and periodic screening, diagnosis and treatment, utilization control, autism services, and claims processing.
    7. Administration of general assistance.
    8. Administration of child support.
    9. Administration of program, services, and licensing outlined in title 23 and other previous duties of the state department of health.
  2. The executive director shall consult with and maintain a close working relationship with the department of corrections and rehabilitation and the superintendents of the school for the deaf and the North Dakota vision services-school for the blind to develop programs for individuals with developmental disabilities; and with the superintendent of public instruction to maximize the use of resource persons in regional human service centers in the provision of special education services. The executive director shall also maintain a close liaison with human service zones.
  3. By August 1, 2019, the department shall establish a template for the development of human service zone plans, including process and content requirements, access point expectations, client grievances procedures, human resources, and locally funded programs or services and how those services will be addressed.
  4. The department shall develop, with assistance from the North Dakota association of counties, a process for consultation and technical assistance for human service zone working groups by August 1, 2019.

Source:

S.L. 1981, ch. 486, § 3; 1985, ch. 311, § 11; 1985, ch. 521, § 3; 1987, ch. 570, § 18; 1989, ch. 317, § 4; 1991, ch. 508, § 3; 1991, ch. 592, § 25; 1995, ch. 243, § 2; 1995, ch. 458, § 2; 1997, ch. 404, § 50; 2007, ch. 39, § 20; 2013, ch. 367, § 4; 2015, ch. 200, § 31, effective August 1, 2015; 2017, ch. 331, § 2, effective August 1, 2017; 2017, ch. 332, § 3, effective August 1, 2017; 2017, ch. 353, § 2, effective August 1, 2017; 2019, ch. 391, § 79, effective January 1, 2020; 2021, ch. 352, § 383, effective September 1, 2022; 2021, ch. 355, § 1, effective August 1, 2021.

50-06-01.5. Office and office equipment. [Repealed]

Source:

S.L. 1981, ch. 486, § 6; repealed by 2017, ch. 331, § 14, effective August 1, 2017.

50-06-01.6. Human services advisory board — Membership — Meetings — Compensation and expenses — Responsibilities. [Repealed]

Repealed by S.L. 1995, ch. 457, § 6.

50-06-01.7. Behavioral health division — Administration — Fees. [Effective through August 31, 2022]

  1. The department of human services shall administratively restructure the behavioral health division to require the division to develop and revise, when necessary, the state mental health plan and provide the behavioral health division the authority to implement and supervise a unified mental health delivery system and to assure the mental health services provided by the human service centers, the state hospital, and contracted services are in accordance with the state plan.
  2. The behavioral health division may establish nonrefundable application fees not to exceed three hundred dollars for administration and enforcement of licensing and certification activities. The department shall adopt rules as necessary to implement this section. All fees collected under this section must be paid to the behavioral health division and must be used to defray the cost of administering and enforcing licensing and certification activities.

Source:

S.L. 1995, ch. 34, § 15; 2017, ch. 332, § 4, effective August 1, 2017; 2019, ch. 393, § 1, effective July 1, 2019.

50-06-01.7. Behavioral health division — Administration — Fees. [Effective September 1, 2022]

  1. The department shall administratively restructure the behavioral health division to require the division to develop and revise, when necessary, the state mental health plan and provide the behavioral health division the authority to implement and supervise a unified mental health delivery system and to assure the mental health services provided by the human service centers, the state hospital, and contracted services are in accordance with the state plan.
  2. The behavioral health division may establish nonrefundable application fees not to exceed three hundred dollars for administration and enforcement of licensing and certification activities. The department shall adopt rules as necessary to implement this section. All fees collected under this section must be paid to the behavioral health division and must be used to defray the cost of administering and enforcing licensing and certification activities.

Source:

S.L. 1995, ch. 34, § 15; 2017, ch. 332, § 4, effective August 1, 2017; 2019, ch. 393, § 1, effective July 1, 2019; 2021, ch. 352, § 384, effective September 1, 2022.

50-06-01.8. Department to seek waiver to establish training, education, employment, and management program — Waiver may be terminated — Program characteristics — Cooperation with governmental bodies — Interim rulemaking. [Repealed]

Repealed by S.L. 2001, ch. 418, § 6.

50-06-01.9. Criminal history record checks.

In accordance with section 12-60-24, the department may require criminal history record checks as the department determines appropriate for:

  1. Job applicants of the department and employees of the department upon hiring;
  2. Job applicants of the human service zone and the department’s and human service zones’ contractors and contractors’ subcontractors that may have access to federal tax information received from the United States internal revenue service through a computer match and stored in the department’s eligibility system;
  3. A criminal history record check conducted under subsections 1 and 2 is valid for ten years, after which the department shall require another criminal history record check on employees of the department, human service zones, and the department’s and human service zones’ contractors and contractors’ subcontractors that may have access to federal tax information received from the United States internal revenue service through a computer match and stored in the department’s eligibility system;
  4. Providers licensed by the department under chapter 50-12, as well as for any employees of those providers;
  5. Providers holding, applicants for, and emergency designees and staff members of providers holding and applicants for early childhood services licensure, self-declaration, or in-home provider registration under chapter 50-11.1. The department also may require criminal history record checks for household members of a residence out of which early childhood services within the provider’s home are provided; and
  6. Medicaid services applicant providers, Medicaid services providers, or an individual with a five percent or more direct or indirect ownership interest in the applicant provider or provider under chapter 50-24.1.

Source:

S.L. 2009, ch. 422, § 2; 2017, ch. 346, § 1, effective July 1, 2017; 2017, ch. 348, § 1, effective July 1, 2017; 2019, ch. 408, § 1, effective August 1, 2019; 2019, ch. 391, § 80, effective January 1, 2020.

Effective Date.

This section became effective July 1, 2009.

Note.

Section 50-06-01.9 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 80 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 1 of Chapter 408, Session Laws 2019, House Bill 1115.

Section 50-06-01.9 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 348, Session Laws 2017, Senate Bill 2090; and Section 1 of Chapter 346, Session Laws 2017, Senate Bill 2117.

50-06-02. Social service board — Members — Appointment. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-03. Social service board — Term of office — Removal. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-03.1. Social service board members with unexpired terms. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-04. Members of board — Compensation. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-05. Officers and meetings of board. [Repealed]

Repealed by S.L. 1983, ch. 82, § 154.

50-06-05.1. Powers and duties of the department. [Effective through June 30, 2025]

The department has the following powers and duties to be administered by the department through its state office or regional human service centers, human service zones, or otherwise as directed by the department:

  1. To act as the official agency of the state in any social welfare or human service activity initiated by the federal government not otherwise by law made the responsibility of another state agency.
  2. To administer, allocate, and distribute any state and federal funds that may be made available for the purpose of providing financial assistance, care, and services to eligible persons and families who do not have sufficient income or other resources to provide a reasonable subsistence compatible with decency and health.
  3. To provide preventive, rehabilitative, and other human services to help families and individuals to retain or attain capability for independence or self-care.
  4. To do needed research and study in the causes of social problems and to define appropriate and effective techniques in providing preventive and rehabilitative services.
  5. To provide for the study, and to promote the well-being, of a child in need of protection, a child in need of services, and delinquent children.
  6. To provide for the placing and supervision of children in need of substitute parental care, subject to the control of any court having jurisdiction and control of any such child.
  7. To recommend appropriate human services related legislation to the legislative assembly.
  8. To direct and supervise human service zone activities and administer a statewide program for state-funded human services, staffing, and administration costs related to the administration of human services.
  9. To secure, hold, and administer for the purpose for which it is established any property and any funds donated to it either by will or deed, or otherwise, or through court order or otherwise available to the department, and to administer those funds or property in accordance with the instructions in the instrument creating them or in accordance with the instructions in the court order or otherwise.
  10. To formulate standards and make appropriate inspections and investigations in accordance with such standards in connection with all licensing activities delegated by law to the department, including early childhood programs, nonmedical adult care facilities and maternity homes, and persons or organizations receiving and placing children, and to require those facilities, persons, and organizations to submit reports and information as the department may determine necessary.
  11. To permit the making of any surveys of human service needs and activities if determined to be necessary.
  12. To issue subpoenas, administer oaths, and compel attendance of witnesses and production of documents or papers whenever necessary in making the investigations provided for herein or in the discharge of its other duties. A subpoena may not be issued to compel the production of documents or papers relating to any private child-caring or child-placing agency or maternity hospital or to compel the attendance as a witness of any officer or employee of those facilities except upon the order of a judge of the district court of the judicial district in which the facilities are located.
  13. To provide insofar as staff resources permit appropriate human services, including social histories, social or social-psychological evaluations, individual, group, family, and marital counseling, and related consultation, when referred by self, parent, guardian, human service zone, court, physician, or other individual or agency, and when application is made by self (if an adult or emancipated youth), parent, guardian, or agency having custody; also, on the same basis, to provide human services to children and adults in relation to their placement in or return from the life skills and transition center, state hospital, or North Dakota youth correctional center.
  14. To provide insofar as staff resources permit social services, including social-psychological evaluations, predisposition reports, treatment, probation, and aftercare services when requested by the judge of a juvenile court.
  15. To provide insofar as staff resources permit social services, including social-psychological evaluations, predisposition reports, treatment, and probation and parole services, when requested by the judge in a criminal case.
  16. To act as the official agency of the state in the administration of the supplemental nutrition assistance program and to direct and supervise human service zone administration of that program. The department with the consent of the legislative assembly or the budget section if the legislative assembly is not in session may terminate the program if the rate of federal financial participation in administrative costs provided under Public Law 93-347 is decreased or limited, or if the state or counties become financially responsible for all or a portion of the coupon bonus payments under the Food Stamp Act. Any request considered by the budget section must comply with section 54-35-02.9. The department may not deny assistance under the supplemental nutrition assistance program to any individual who has been convicted of a felony offense that has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act [21 U.S.C. 802(6)].
  17. To administer, allocate, and distribute any funds made available for the making of direct cash assistance payments, housing stabilization supports, and rental assistance and to promote cooperation and working agreements with public agencies and including the housing finance agency and department of commerce, and private human services agencies.
  18. To act as the official agency of the state in the administration of the home energy assistance program; to direct and supervise human service zone administration of that program; and to take such actions, give such directions, and adopt such rules, subject to review in the courts of this state, as may be necessary or desirable to carry out this subsection. For purposes of the administration of the energy assistance program, funds are obligated at the earlier of the time a written commitment is made to pay a vendor or contractor for services or supplies delivered or to be delivered, or at the time payment is made to a vendor or contractor for services or supplies delivered or to be delivered. The provisions of this subsection concerning obligation of funds apply to payments and commitments made on or after July 1, 1991. The department with the consent of the legislative assembly or the budget section if the legislative assembly is not in session may terminate the program if the rate of federal financial participation in administrative costs is decreased or limited to less than fifty percent of total administrative costs, or if the state or counties become financially responsible for all or a portion of the cost of energy assistance program benefits. Any request considered by the budget section must comply with section 54-35-02.9.
  19. To administer, allocate, and distribute any funds made available for the payment of the cost of the special needs of any child under the age of twenty-one years, who is living in an adoptive home and would probably go without adoption except for acceptance by the adopted family, and whose adopted family does not have the economic ability and resources, as established by the department, to take care of the special needs of the child, including legal fees, maintenance costs, medical and dental expenses, travel costs, and other costs incidental to the care of the child.
  20. To exercise and carry out any other powers and duties granted the department under state law.
  21. To administer, allocate, and distribute any funds made available for the payment of supervised independent living services, to develop standards regarding a supervised independent living program, to approve supervised independent living services for the purpose of providing foster care placement, and to apply for and administer federal and other funds that may be made available to undertake any of the activities described in this subsection.
  22. With the approval of the governor, to lease or transfer use of any part of the life skills and transition center facilities or properties, located in section thirteen, township one hundred fifty-seven north, range fifty-three west, located in Walsh County, North Dakota, to the federal government, or any public or private agency, organization, or business enterprise, or any worthy undertaking, under the following provisions:
    1. The department determines that the facility or property is not needed to serve any present or reasonably foreseeable need of the life skills and transition center.
    2. The transaction is exempt from the provisions of section 50-06-06.6.
    3. The term of any lease may not exceed ninety-nine years.
    4. All required legal documents, papers, and instruments in any transaction must be reviewed and approved as to form and legality by the attorney general.
    5. Any funds realized by any transaction must be deposited in the state’s general fund.
  23. To act as a decedent’s successor for purposes of collecting amounts due to the department or human service zone, unless otherwise directed or determined by the department. Any affidavit submitted by the department under section 30.1-23-01 must conform to the requirements of that section except that the affidavit may state that twenty days have elapsed since the death of the decedent.
  24. To provide those services necessary for the department and for human service zones to comply with the provisions of any law, rule, order, or regulation of the United States or any federal agency or authority requiring civil service or merit standards or classifications as a condition for providing funds administered by the department.
  25. For purposes of administration of programs, and subject to legislative appropriation, funds are obligated at the time a written commitment is made to pay a vendor or contractor for services or supplies either delivered or to be delivered. This subsection applies to payments and commitments made on or after January 1, 1997.
  26. To determine eligibility for medical assistance and children’s health insurance program benefits when the department receives a joint application for these benefits.
  27. To develop a system of services and supports to provide behavioral health services and supports in the community for children at risk of or identified as having a behavioral health condition and for the families of these children. This system must include early intervention, treatment, and recovery services and supports and must interface with, but not include, child protective services or juvenile court.
  28. To provide resources on mental health awareness and suicide prevention to the behavioral health resource coordinator at each public school and to the designated individual at a nonpublic school. The resources must include information on identifying warning signs, risk factors, and the availability of resources in the community, and also must include an evidence-based, online virtual mental health and suicide prevention simulation-based training program that incorporates hands-on practice, contextual learning, and personalized feedback through interactive role-playing. The provisions of chapter 54-44.4 do not apply to the online virtual mental health and suicide prevention simulation-based training program under this subsection.
  29. To administer, allocate, and distribute any funds made available for kinship care services and payments and services in response to the federal Family First Prevention Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123].
  30. To contract with another human service zone or any other public or private person to discharge any of the department’s duties or exercise any of the department’s powers to administer human services.
  31. To act on behalf of the department of public instruction to administer part B, section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229 Stat. 2647; 20 U.S.C. 1411 et seq.].

Source:

S.L. 1971, ch. 466, § 5; 1975, ch. 440, § 3; 1977, ch. 450, § 1; 1981, ch. 484, § 2; 1981, ch. 486, § 21; 1983, ch. 82, § 95; 1985, ch. 522, § 1; 1987, ch. 571, § 1; 1987, ch. 582, § 30; 1989, ch. 575, § 4; 1991, ch. 328, § 8; 1991, ch. 509, § 3; 1993, ch. 2, § 15; 1993, ch. 472, § 1; 1995, ch. 34, §§ 10, 11, 14; 1995, ch. 120, § 25; 1995, ch. 457, § 3; 1995, ch. 460, § 1; 1995, ch. 461, § 6; 1997, ch. 136, § 2; 1997, ch. 403, § 9; 2005, ch. 407, § 1; 2009, ch. 482, § 98; 2011, ch. 54, § 8; 2013, ch. 367, § 5; 2013, ch. 226, § 1; 2017, ch. 108, § 16, effective April 21, 2017; 2017, ch. 331, § 3, effective August 1, 2017; 2019, ch. 391, § 81, effective January 1, 2020; 2019, ch. 394, §§ 1, 2, effective August 1, 2019; 2019, ch. 404, § 4, effective October 1, 2019; 2019, ch. 438, §§ 10, 11, effective August 1, 2019; 2021, ch. 356, § 1, effective April 23, 2021; 2021, ch. 357, § 1, effective April 23, 2021; 2021, ch. 245, § 36, effective July 1, 2021; 2021, ch. 358, § 3, effective July 1, 2021.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 226, S.L. 2013 became effective August 1, 2013.

The 2013 amendment of this section by section 5 of chapter 367, S.L. 2013 became effective August 1, 2013.

The 2011 amendment of this section by section 8 of chapter 54, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 98 of chapter 482, S.L. 2009 became effective August 1, 2009.

Note.

Section 50-06-05.1 was amended 4 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 356, Session Laws 2021, Senate Bill 2089; Section 1 of Chapter 357, Session Laws 2021, Senate Bill 2311; Section 3 of Chapter 358, Session Laws, 2021, House Bill 1416; and Section 36 of Chapter 245, Session Laws 2021, House Bill 1035.

Section 50-06-05.1 was amended 5 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 81 of Chapter 299, Session Laws 2019, Senate Bill 2123; Section 4 of Chapter 404, Session Laws 2019, House Bill 1102; Section 10 of Chapter 438, Session Laws 2019, Senate Bill 2055; Section 11 of Chapter 438, Session Laws 2019, Senate Bill 2055; and Section 1 of Chapter 394, Session Laws 2019, Senate Bill 2313.

Section 50-06-05.1 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 16 of Chapter 108, Session Laws 2017, House Bill 1041; and Section 3 of Chapter 331, Session Laws 2017, House Bill 1136.

Cross-References.

Establishment of regional human service centers, see § 50-06-05.3.

Notes to Decisions

Deference.

Since the Department supervised the administration of the Supplemental Nutrition Assistance Program (SNAP), under N.D.C.C. § 50-01.1-03(4) and N.D.C.C. § 50-06-05.1, and courts reviewing its determinations were charged with making limited review of decisions over which it had expertise, it could conclude that a nonrecurring expense incurred during one year should not be considered as an anticipated expense during the next year in determining eligibility for SNAP benefits. The one-time expense could not be considered to be an expense that would also impact SNAP eligibility during the next year. Ennis v. N.D. Dep't of Human Servs., 2012 ND 185, 820 N.W.2d 714, 2012 N.D. LEXIS 184 (N.D. 2012).

Food Stamp Termination.

The Department of Human Services may terminate a person’s food stamp benefits for voluntarily quitting any job without good cause. Davis v. Williams County Social Serv. Bd., 427 N.W.2d 818, 1988 N.D. LEXIS 180 (N.D. 1988).

The Social Service Bureau’s finding that food-stamp claimant had quit his job, based upon a notation of unknown origin in the personnel record of the claimant, was not supported by the evidence where the claimant’s supervisor testified the claimant had been discharged for failing to return to work when he had reported himself ill. Davis v. Williams County Social Serv. Bd., 427 N.W.2d 818, 1988 N.D. LEXIS 180 (N.D. 1988).

DECISIONS UNDER PRIOR LAW

Duty to Distribute Funds.

The state board of public welfare had the power and duty to administer, allocate, and distribute any state and federal funds that might be made available for the relief of necessitous persons, mothers’ aid, and old-age assistance. Fuller v. Finger, 69 N.D. 646, 289 N.W. 805, 1940 N.D. LEXIS 197 (N.D. 1940).

Negotiation of Contract.

State board acted as agent for county board in negotiating per diem hospital rate contract with hospital association. Bismarck Hosp. Ass'n v. Burleigh County, 146 N.W.2d 887, 1966 N.D. LEXIS 145 (N.D. 1966).

Collateral References.

Admissibility of records or report of welfare department or agency relating to payment to or financial condition of particular person, 42 A.L.R.2d 752.

Privileged communications: communications to social worker as privileged, 50 A.L.R.3d 563.

50-06-05.1. Powers and duties of the department. [Effective July 1, 2025]

The department has the following powers and duties to be administered by the department through its state office or regional human service centers, human service zones, or otherwise as directed by the department:

  1. To act as the official agency of the state in any social welfare or human service activity initiated by the federal government not otherwise by law made the responsibility of another state agency.
  2. To administer, allocate, and distribute any state and federal funds that may be made available for the purpose of providing financial assistance, care, and services to eligible persons and families who do not have sufficient income or other resources to provide a reasonable subsistence compatible with decency and health.
  3. To provide preventive, rehabilitative, and other human services to help families and individuals to retain or attain capability for independence or self-care.
  4. To do needed research and study in the causes of social problems and to define appropriate and effective techniques in providing preventive and rehabilitative services.
  5. To provide for the study, and to promote the well-being, of a child in need of protection, a child in need of services, and delinquent children.
  6. To provide for the placing and supervision of children in need of substitute parental care, subject to the control of any court having jurisdiction and control of any such child.
  7. To recommend appropriate human services related legislation to the legislative assembly.
  8. To direct and supervise human service zone activities and administer a statewide program for state-funded human services, staffing, and administration costs related to the administration of human services.
  9. To secure, hold, and administer for the purpose for which it is established any property and any funds donated to it either by will or deed, or otherwise, or through court order or otherwise available to the department, and to administer those funds or property in accordance with the instructions in the instrument creating them or in accordance with the instructions in the court order or otherwise.
  10. To formulate standards and make appropriate inspections and investigations in accordance with such standards in connection with all licensing activities delegated by law to the department, including early childhood programs, nonmedical adult care facilities and maternity homes, and persons or organizations receiving and placing children, and to require those facilities, persons, and organizations to submit reports and information as the department may determine necessary.
  11. To permit the making of any surveys of human service needs and activities if determined to be necessary.
  12. To issue subpoenas, administer oaths, and compel attendance of witnesses and production of documents or papers whenever necessary in making the investigations provided for herein or in the discharge of its other duties. A subpoena may not be issued to compel the production of documents or papers relating to any private child-caring or child-placing agency or maternity hospital or to compel the attendance as a witness of any officer or employee of those facilities except upon the order of a judge of the district court of the judicial district in which the facilities are located.
  13. To provide insofar as staff resources permit appropriate human services, including social histories, social or social-psychological evaluations, individual, group, family, and marital counseling, and related consultation, when referred by self, parent, guardian, human service zone, court, physician, or other individual or agency, and when application is made by self (if an adult or emancipated youth), parent, guardian, or agency having custody; also, on the same basis, to provide human services to children and adults in relation to their placement in or return from the life skills and transition center, state hospital, or North Dakota youth correctional center.
  14. To provide insofar as staff resources permit social services, including social-psychological evaluations, predisposition reports, treatment, probation, and aftercare services when requested by the judge of a juvenile court.
  15. To provide insofar as staff resources permit social services, including social-psychological evaluations, predisposition reports, treatment, and probation and parole services, when requested by the judge in a criminal case.
  16. To act as the official agency of the state in the administration of the supplemental nutrition assistance program and to direct and supervise human service zone administration of that program. The department with the consent of the legislative assembly or the budget section if the legislative assembly is not in session may terminate the program if the rate of federal financial participation in administrative costs provided under Public Law 93-347 is decreased or limited, or if the state or counties become financially responsible for all or a portion of the coupon bonus payments under the Food Stamp Act. Any request considered by the budget section must comply with section 54-35-02.9. The department may not deny assistance under the supplemental nutrition assistance program to any individual who has been convicted of a felony offense that has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act [21 U.S.C. 802(6)].
  17. To administer, allocate, and distribute any funds made available for the making of direct cash assistance payments, housing stabilization supports, and rental assistance and to promote cooperation and working agreements with public agencies including the housing finance agency and department of commerce, and private human services agencies.
  18. To act as the official agency of the state in the administration of the home energy assistance program; to direct and supervise human service zone administration of that program; and to take such actions, give such directions, and adopt such rules, subject to review in the courts of this state, as may be necessary or desirable to carry out this subsection. For purposes of the administration of the energy assistance program, funds are obligated at the earlier of the time a written commitment is made to pay a vendor or contractor for services or supplies delivered or to be delivered, or at the time payment is made to a vendor or contractor for services or supplies delivered or to be delivered. The provisions of this subsection concerning obligation of funds apply to payments and commitments made on or after July 1, 1991. The department with the consent of the legislative assembly or the budget section if the legislative assembly is not in session may terminate the program if the rate of federal financial participation in administrative costs is decreased or limited to less than fifty percent of total administrative costs, or if the state or counties become financially responsible for all or a portion of the cost of energy assistance program benefits. Any request considered by the budget section must comply with section 54-35-02.9.
  19. To administer, allocate, and distribute any funds made available for the payment of the cost of the special needs of any child under the age of twenty-one years, who is living in an adoptive home and would probably go without adoption except for acceptance by the adopted family, and whose adopted family does not have the economic ability and resources, as established by the department, to take care of the special needs of the child, including legal fees, maintenance costs, medical and dental expenses, travel costs, and other costs incidental to the care of the child.
  20. To exercise and carry out any other powers and duties granted the department under state law.
  21. To administer, allocate, and distribute any funds made available for the payment of supervised independent living services, to develop standards regarding a supervised independent living program, to approve supervised independent living services for the purpose of providing foster care placement, and to apply for and administer federal and other funds that may be made available to undertake any of the activities described in this subsection.
  22. With the approval of the governor, to lease or transfer use of any part of the life skills and transition center facilities or properties, located in section thirteen, township one hundred fifty-seven north, range fifty-three west, located in Walsh County, North Dakota, to the federal government, or any public or private agency, organization, or business enterprise, or any worthy undertaking, under the following provisions:
    1. The department determines that the facility or property is not needed to serve any present or reasonably foreseeable need of the life skills and transition center.
    2. The transaction is exempt from the provisions of section 50-06-06.6.
    3. The term of any lease may not exceed ninety-nine years.
    4. All required legal documents, papers, and instruments in any transaction must be reviewed and approved as to form and legality by the attorney general.
    5. Any funds realized by any transaction must be deposited in the state’s general fund.
  23. To act as a decedent’s successor for purposes of collecting amounts due to the department or human service zone, unless otherwise directed or determined by the department. Any affidavit submitted by the department under section 30.1-23-01 must conform to the requirements of that section except that the affidavit may state that twenty days have elapsed since the death of the decedent.
  24. To provide those services necessary for the department and for human service zones to comply with the provisions of any law, rule, order, or regulation of the United States or any federal agency or authority requiring civil service or merit standards or classifications as a condition for providing funds administered by the department.
  25. For purposes of administration of programs, and subject to legislative appropriation, funds are obligated at the time a written commitment is made to pay a vendor or contractor for services or supplies either delivered or to be delivered. This subsection applies to payments and commitments made on or after January 1, 1997.
  26. To determine eligibility for medical assistance and children’s health insurance program benefits when the department receives a joint application for these benefits.
  27. To develop a system of services and supports to provide behavioral health services and supports in the community for children at risk of or identified as having a behavioral health condition and for the families of these children. This system must include early intervention, treatment, and recovery services and supports and must interface with, but not include, child protective services or juvenile court.
  28. To provide resources on mental health awareness and suicide prevention to the behavioral health resource coordinator at each school. The resources must include information on identifying warning signs, risk factors, and the availability of resources in the community.
  29. To administer, allocate, and distribute any funds made available for kinship care services and payments and services in response to the federal Family First Prevention Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123].
  30. To contract with another human service zone or any other public or private person to discharge any of the department’s duties or exercise any of the department’s powers to administer human services.
  31. To act on behalf of the department of public instruction to administer part B, section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229 Stat. 2647; 20 U.S.C. 1411 et seq.].

Source:

S.L. 1971, ch. 466, § 5; 1975, ch. 440, § 3; 1977, ch. 450, § 1; 1981, ch. 484, § 2; 1981, ch. 486, § 21; 1983, ch. 82, § 95; 1985, ch. 522, § 1; 1987, ch. 571, § 1; 1987, ch. 582, § 30; 1989, ch. 575, § 4; 1991, ch. 328, § 8; 1991, ch. 509, § 3; 1993, ch. 2, § 15; 1993, ch. 472, § 1; 1995, ch. 34, §§ 10, 11, 14; 1995, ch. 120, § 25; 1995, ch. 457, § 3; 1995, ch. 460, § 1; 1995, ch. 461, § 6; 1997, ch. 136, § 2; 1997, ch. 403, § 9; 2005, ch. 407, § 1; 2009, ch. 482, § 98; 2011, ch. 54, § 8; 2013, ch. 367, § 5; 2013, ch. 226, § 1; 2017, ch. 108, § 16, effective April 21, 2017; 2017, ch. 331, § 3, effective August 1, 2017; 2019, ch. 391, § 81, effective January 1, 2020; 2019, ch. 394, §§ 1, 2, effective August 1, 2019; 2019, ch. 404, § 4, effective October 1, 2019; 2019, ch. 438, §§ 10, 11, effective August 1, 2019; 2021, ch. 356, § 1, effective April 23, 2021; 2021, ch. 357, § 1, effective April 23, 2021; 2021, ch. 245, § 36, effective July 1, 2021; 2021, ch. 358, § 3, effective July 1, 2021.

50-06-05.2. Regional human service centers — Licensure.

Human services must be delivered through regional human service centers in the areas designated by the governor's executive order 1978-12 dated October 5, 1978. The department shall request appropriations and resources sufficient for accreditation and to ensure maintenance of the accreditation for the regional human service centers, including associated facilities, by the council on accreditation or by a similar national accrediting body accepted by the department. The regional human service centers are subject to licensing by the department. The department may use the accreditation as a basis for licensing in lieu of adopted rules for the operation of the regional human service centers. The department shall adopt rules for the operation of the regional human service centers. A human service center may not operate without a license issued in accordance with this section. Regional human service centers are authorized to receive federal and other funds available to finance, in whole or in part, the services and operations of the centers.

Source:

S.L. 1981, ch. 486, § 4; 1987, ch. 73, § 30; 2017, ch. 331, § 4, effective August 1, 2017; 2017, ch. 353, § 3, effective August 1, 2021; 2021, ch. 359, § 1, effective August 1, 2021.

Note.

Section 50-06-05.2 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 3 of Chapter 353, Session Laws 2017, Senate Bill 2039; and Section 4 of Chapter 331, Session Laws 2017, House Bill 1136.

50-06-05.3. Regional human service centers — Powers — Duties — Human service advisory groups.

  1. Regional human service centers shall provide human services to all eligible individuals and families to help individuals and families achieve or maintain social, emotional, and economic self-sufficiency by providing human services to:
    1. Prevent, reduce, or eliminate dependency;
    2. Prevent or remedy the neglect, abuse, or exploitation of children and of adults unable to protect their own interests;
    3. Aid in the preservation, rehabilitation, and reuniting of families;
    4. Prevent or reduce inappropriate institutional care by providing for care while institutionalized or providing for community-based or other forms of less restrictive care;
    5. Secure referral or admission for institutional care;
    6. Provide outpatient diagnostic and treatment services;
    7. Provide information concerning guardianship to people interested in becoming or who are guardians; and
    8. Provide rehabilitation and crisis services for patients with mental, emotional, or substance use disorders, an intellectual disability, and other psychiatric conditions, particularly for those patients who have received prior treatment in an inpatient facility.
  2. Regional human service centers shall deliver services in the manner prescribed by the department.
  3. Each human service center must have a human services advisory group consisting of the human service zone directors of the region served, the public health directors of the region served, two current county commissioners appointed by the executive director of the department, and five additional members appointed by the executive director of the department. Each advisory group member must be a resident of the region the member is appointed to serve. The term of office for each appointed member is two years and arranged so that the term of three of the appointed members expires at the end of the first year and the term of the remaining four appointed members expires at the end of the second year, except for those first members appointed, three members shall serve a one-year term and four members shall serve a two-year term. The director shall select the appointed members of each human service advisory group on the basis of population of the counties in the region served by the human service center. Each county in the region must be represented by at least one member on the human service advisory group. To the extent possible, appointed membership of the advisory group must reflect regional interests in the fields of developmental disabilities, social services, mental health, and substance use disorders. The executive director of the department shall appoint a chairman for each advisory group from the membership of the advisory group. The executive director of the department shall fill a vacancy occurring within an advisory group for other than the expiration of a term in the same manner as original appointments, except that appointments must be made only for the unexpired term. The department shall compensate appointed members of a human service advisory group at the rate of forty-five dollars per day, not to exceed twenty-five days in any one year. The department also shall pay members for mileage and actual expenses incurred in attending meetings and in the performance of their official duties in the amounts provided by law for other state officers.

Source:

S.L. 1973, ch. 428, § 1; 1981, ch. 486, § 32; 1983, ch. 313, § 14; 1987, ch. 73, § 31; 2011, ch. 207, § 21; 2013, ch. 368, § 1; 2017, ch. 331, § 5, effective August 1, 2017; 2017, ch. 353, § 4, effective August 1, 2017; 2019, ch. 391, § 82, effective January 1, 2020.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 368, S.L. 2013 became effective August 1, 2013.

The 2011 amendment of this section by section 21 of chapter 207, S.L. 2011 became effective August 1, 2011.

Note.

Section 50-06-05.3 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 4 of Chapter 353, Session Laws 2017, Senate Bill 2039; and Section 5 of Chapter 331, Session Laws 2017, House Bill 1136.

50-06-05.4. Duties of human service advisory groups.

Each human service advisory group of the regional human service centers shall perform the following duties:

  1. Provide information to the department relative to needs assessment and the planning and development of health and social resources for the effective and efficient delivery of high-quality human services fully accessible to all citizens.
  2. Review services and programs provided by the regional human service centers and make periodic recommendations for improvement in services, programs, or facilities.
  3. Promote cooperation and working agreements with public agencies, including public health and corrections and private human service agencies.
  4. Promote local and regional financing from public and private sources.

Source:

S.L. 1981, ch. 486, § 33; 2013, ch. 368, § 2; 2017, ch. 353, § 5, effective August 1, 2017.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 368, S.L. 2013 became effective August 1, 2013.

50-06-05.5. Director of regional center — Medical director.

Each regional human service center must be headed by a regional director appointed by the executive director of the department. The regional director must be accountable to the executive director or the director’s designee. Each regional director may employ the staff necessary to discharge the center’s responsibilities. A regional director, subject to the approval of the executive director of the department or the director’s designee, and within the limit of legislative appropriations, may make contractual arrangements with public or private agencies or with individuals and organizations to discharge the regional human service center’s service delivery responsibilities. Each regional director shall hire a qualified medical professional who must be designated as the medical director of the center. The medical director is responsible for coordinating mental health and medically related services. The medical director’s position may be part time or full time as determined appropriate by the regional director, with the concurrence of the executive director or the director’s designee. As used in this section, “qualified medical professional” means a board-eligible or board-certified psychiatrist, when such an individual can be employed, and when this is not possible, an individual possessing at least a medical degree.

Source:

S.L. 1981, ch. 486, § 5; 2013, ch. 368, § 3; 2017, ch. 331, § 6, effective August 1, 2017.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 368, S.L. 2013 became effective August 1, 2013.

50-06-05.6. Committee on aging — Appointment — Expenses.

There is hereby established a committee on aging. The governor shall appoint each committee member for a term of three years, staggered so that the terms of one-third of the members of the committee expire July first of each year, except that initial appointments to the committee must be made on the basis of a one-year term for one-third of the members of the committee; a two-year term for one-third of the members of the committee; and a full three-year term for the remaining members of the committee. A vacancy occurring other than by reason of the expiration of a term must be filled in the same manner as original appointments, except that the appointment may be made for only the remainder of the unexpired term. The members must be paid for mileage and actual expenses incurred in attending meetings and in performance of their official duties in amounts provided by law for other state officers.

Source:

S.L. 1995, ch. 458, § 3.

50-06-05.7. Multicounty agreement to administer social service programs — Selection of regional administration. [Repealed]

Source:

S.L. 2003, ch. 408, § 1; repealed by 2019, ch. 391, § 139, effective January 1, 2020.

50-06-05.8. Department to assume costs of human services.

The department shall pay each human service zone’s expenses for administering human services for calendar years after December 31, 2019, based on the payment amount calculated for each human service zone under chapter 50-35. The executive director of the department shall authorize expenditures from the human service finance fund to reimburse the department for the department’s costs of providing human services that historically have been provided by a county or human service zone, or for a new service or program based on federal or state law.

History. S.L. 2015, ch. 329, § 4, effective January 1, 2016; 2017, ch. 341, § 4, effective August 1, 2017; 2017, ch. 341, § 5, effective January 1, 2020; 2019, ch. 391, § 83, effective January 1, 2020; 2021, ch. 353, § 14, effective August 1, 2021.

Effective Date.

This section is effective for taxable years beginning after December 31, 2015.

50-06-06. Powers and duties of the board. [Repealed]

Repealed by S.L. 1971, ch. 466, § 8.

50-06-06.1. Indians — General assistance contract authorized. [Repealed]

Source:

S.L. 1963, ch. 327, § 1; 1995, ch. 456, § 19; repealed by 2019, ch. 391, § 139, effective January 1, 2020.

50-06-06.2. Clinic services — Provider qualification — Utilization of federal funds.

Within the limits of legislative appropriation therefor and in accordance with rules established by the department, the department may defray the costs of preventive diagnostic, therapeutic, rehabilitative, or palliative items or services furnished medical assistance eligible individuals by regional human service centers or designated behavioral health providers. Within the limits of legislative appropriations and to the extent permitted by state and federal law and regulations established thereunder, it is the intent of the legislative assembly that federal funds available under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] be utilized to defray the costs of identifiable mental health clinic services furnished eligible individuals in regional human service centers and that federal funds available under title XX of the Social Security Act [42 U.S.C. 1397 et seq.] be utilized to defray the costs of identifiable human services furnished to eligible individuals by human service zones and regional human service centers.

Source:

S.L. 1979, ch. 338, § 2; 1981, ch. 486, § 22; 2017, ch. 57, § 7, effective August 1, 2017; 2017, ch. 353, § 6, effective August 1, 2017; 2019, ch. 391, § 84, effective January 1, 2020.

Note.

Section 50-06-06.2 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 6 of Chapter 353, Session Laws 2017, Senate Bill 2039; and Section 7 of Chapter 57, Session Laws 2017, House Bill 1043.

50-06-06.3. Facility staff training. [Effective through August 31, 2022]

It is the intent of the legislative assembly that the department of human services design and implement a facility staff training system in cooperation with the board of higher education to assure adequate and appropriate staff development and training for the providers of community-based care on behalf of individuals with developmental disabilities.

Source:

S.L. 1983, ch. 62, § 7; 1991, ch. 592, § 26; 2015, ch. 200, § 32, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 32 of chapter 200, S.L. 2015 became effective August 1, 2015.

50-06-06.3. Facility staff training. [Effective September 1, 2022]

It is the intent of the legislative assembly that the department design and implement a facility staff training system in cooperation with the board of higher education to assure adequate and appropriate staff development and training for the providers of community-based care on behalf of individuals with developmental disabilities.

Source:

S.L. 1983, ch. 62, § 7; 1991, ch. 592, § 26; 2015, ch. 200, § 32, effective August 1, 2015; 2021, ch. 352, § 385, effective September 1, 2022.

50-06-06.4. Comprehensive community residential program. [Effective through August 31, 2022]

It is the intent of the legislative assembly that the department of human services implement a comprehensive community residential program for children with developmental disabilities, including the use of intermediate care facilities and other such foster home and group home resources as deemed appropriate.

Source:

S.L. 1983, ch. 62, § 8; 2015, ch. 200, § 33, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 33 of chapter 200, S.L. 2015 became effective August 1, 2015.

50-06-06.4. Comprehensive community residential program. [Effective September 1, 2022]

It is the intent of the legislative assembly that the department implement a comprehensive community residential program for children with developmental disabilities, including the use of intermediate care facilities and other such foster home and group home resources as deemed appropriate.

Source:

S.L. 1983, ch. 62, § 8; 2015, ch. 200, § 33, effective August 1, 2015; 2021, ch. 352, § 386, effective September 1, 2022.

50-06-06.5. Continuum of services for individuals with serious and persistent mental illness.

  1. The department shall develop a plan for an integrated, multidisciplinary continuum of services for individuals with serious and persistent mental illness. The continuum may consist of an array of services provided by private mental health professionals, private agencies, human service zones, human service centers, community-based residential care and treatment facilities, and private and public inpatient psychiatric hospitals. When appropriate, access to the continuum must be through human service centers. Within the limits of legislative appropriations, the plan for a continuum may include:
    1. Programs, and appropriate related facilities, to provide socialization skills.
    2. Programs, and appropriate related facilities, to provide basic living skills.
    3. Appropriate residential facilities and other housing options.
    4. Appropriate training, placement, and support to enhance potential for employment.
    5. Appropriate delivery and control of necessary medication.
    6. Appropriate economic assistance.
    7. An inpatient facility with appropriate programs to respond to persons who require hospitalization.
    8. Peer and recovery support.
    9. Crisis service that is available twenty-four hours a day seven days a week.
  2. The continuum of care must provide that a person requiring treatment be submitted to the least restrictive available conditions necessary to achieve the purposes of treatment. The department shall ensure appropriate cooperation with human service zones and private providers in achieving the continuum of care.

Source:

S.L. 1987, ch. 572, § 1; 2017, ch. 332, § 5, effective August 1, 2017; 2017, ch. 353, § 7, effective August 1, 2017; 2019, ch. 391, § 85, effective January 1, 2020.

Note.

Section 50-06-06.5 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 7 of Chapter 353, Session Laws 2017, Senate Bill 2039; and Section 5 of Chapter 332, Session Laws 2017, House Bill 1117.

Notes to Decisions

Service to Developmentally Disabled.

Department of Human Services could properly choose to serve mentally retarded persons through its Developmental Disabilities Division while serving mentally ill persons through its Mental Health Division, so long as there was no reasonable discrimination in service to different categories of the developmentally disabled. Mullins v. North Dakota Dep't of Human Servs., 483 N.W.2d 160, 1992 N.D. LEXIS 57 (N.D. 1992).

50-06-06.6. Department of human services may lease real and personal property. [Effective through August 31, 2022]

The executive director of the department of human services may lease surplus farm and pastureland at the state hospital and the life skills and transition center. The executive director also may enter into further leases of real or personal property at the life skills and transition center or the state hospital upon a specific finding that the granting of each such leasehold interest will result in a net economic gain for the department, taking into account all identifiable costs. Any lease of space for the purpose of providing child care services must meet requirements as determined by the department. The executive director may prescribe the terms and conditions of any leases entered into pursuant to this section and may renew existing leases. Any lease entered into must be subject to renewal or cancelable each biennium.

Source:

S.L. 1991, ch. 29, § 9; 1993, ch. 473, § 1; 1995, ch. 34, § 11; 2013, ch. 226, § 1; 2017, ch. 331, § 7, effective August 1, 2017.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 226, S.L. 2013 became effective August 1, 2013.

50-06-06.6. Department may lease real and personal property. [Effective September 1, 2022]

The executive director of the department may lease surplus farm and pastureland at the state hospital and the life skills and transition center. The executive director also may enter into further leases of real or personal property at the life skills and transition center or the state hospital upon a specific finding that the granting of each such leasehold interest will result in a net economic gain for the department, taking into account all identifiable costs. Any lease of space for the purpose of providing child care services must meet requirements as determined by the department. The executive director may prescribe the terms and conditions of any leases entered into pursuant to this section and may renew existing leases. Any lease entered into must be subject to renewal or cancelable each biennium.

Source:

S.L. 1991, ch. 29, § 9; 1993, ch. 473, § 1; 1995, ch. 34, § 11; 2013, ch. 226, § 1; 2017, ch. 331, § 7, effective August 1, 2017; 2021, ch. 352, § 387, effective September 1, 2022.

50-06-06.7. Sale of surplus steam heat — Terms — Not to be construed as the distribution of heat.

The department, with the approval of the governor, is authorized but not required to determine if surplus steam heat is or may be produced at the life skills and transition center, and to sell any surplus steam heat to the city of Grafton. The sale may be on such terms and conditions as may be deemed necessary by the department, provided that no sale may be made for less than the cost of producing the surplus steam heat. A sale of steam heat, if made by the department to the city of Grafton, may not be construed as the distribution of heat under title 49.

Source:

S.L. 1991, ch. 29, § 12; 2013, ch. 226, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 226, S.L. 2013 became effective August 1, 2013.

50-06-06.8. Administration of child care block grant and at-risk child care programs. [Repealed]

Repealed by S.L. 1997, ch. 404, § 78.

50-06-06.9. Insurance payments by the department.

Notwithstanding any other eligibility requirements for human services programs, the department, pursuant to rules adopted by the department, may pay health insurance premiums, copayments, and deductibles for a person with human immunodeficiency virus infection, or for any person maintaining a health insurance policy covering a person with human immunodeficiency virus infection if:

  1. The payment of premiums, copayments, and deductibles is determined to be a cost-effective alternative to the payment of future medical assistance and economic assistance costs for that person; and
  2. The department determines that the person is otherwise unable to afford the cost of the premiums, copayments, and deductibles.

Source:

S.L. 1991, ch. 29, § 14; 1997, ch. 405, § 1.

50-06-06.10. Family life education program. [Effective through August 31, 2022]

The department of human services shall enter into an agreement with the North Dakota state university extension service for the design of a program to educate and support individuals at all points within the family life cycle. The program must provide support for families and youth with research-based information relating to personal, family, and community concerns and must contain a research component aimed at evaluation of planned methods or programs for prevention of family and social problems. The program must address the following inter-related topics:

  1. Child and youth development.
  2. Parent education with an emphasis on parents as educators.
  3. Human development.
  4. Interpersonal relationships.
  5. Family interaction and family systems.
  6. Family economics.
  7. Intergenerational issues.
  8. Impact of societal changes on the family.
  9. Coping skills.
  10. Community networks and supports for families.

Source:

S.L. 1991, ch. 509, § 2.

Note.

Section 1 of chapter 509, S.L. 1991, provides:

Statement of legislative policy. The state must advocate for the family by using political, economic, social, and judicial measures that support the unity and stability of the family so that the family can exercise its specific function of nurturing and protecting its members. If the family is to be nurtured and its members protected, the state must support programs that offer assistance for pregnant women and their families. Unjust social and economic structures such as poverty, sexism, and lack of adequate health care and information should be addressed. Women must have the ability to make responsible decisions concerning a pregnancy without losing other opportunities for a fulfilled life. Ensuring the dignity and rights of women and children and families is the operative principle underlying this Act.”

50-06-06.10. Family life education program. [Effective September 1, 2022]

The department shall enter into an agreement with the North Dakota state university extension service for the design of a program to educate and support individuals at all points within the family life cycle. The program must provide support for families and youth with research-based information relating to personal, family, and community concerns and must contain a research component aimed at evaluation of planned methods or programs for prevention of family and social problems. The program must address the following inter-related topics:

  1. Child and youth development.
  2. Parent education with an emphasis on parents as educators.
  3. Human development.
  4. Interpersonal relationships.
  5. Family interaction and family systems.
  6. Family economics.
  7. Intergenerational issues.
  8. Impact of societal changes on the family.
  9. Coping skills.
  10. Community networks and supports for families.

Source:

S.L. 1991, ch. 509, § 2; 2021, ch. 352, § 388, effective September 1, 2022.

50-06-06.11. Child care provider payments. [Effective through August 31, 2022]

Within the limits of federal regulations, the department of human services, at the election of the early childhood facility, shall directly pay early childhood facilities monthly under child care assistance programs administered by the department.

Source:

S.L. 1993, ch. 474, § 1; 1995, ch. 462, § 1.

50-06-06.11. Child care provider payments. [Effective September 1, 2022]

Within the limits of federal regulations, the department, at the election of the early childhood facility, shall directly pay early childhood facilities monthly under child care assistance programs administered by the department.

Source:

S.L. 1993, ch. 474, § 1; 1995, ch. 462, § 1; 2021, ch. 352, § 389, effective September 1, 2022.

50-06-06.12. Child care provider reimbursement system. [Repealed]

Repealed by S.L. 1995, ch. 462, § 2.

50-06-06.13. Treatment services for children with serious emotional disorders.

  1. The department shall establish a program to provide out-of-home treatment services for a Medicaid-eligible child with a serious emotional disorder. The department may not require a parent or legal guardian to transfer legal custody of the child in order to have the child placed in an out-of-home treatment program if the sole reason for the placement is the need to obtain services for the child’s emotional or behavioral problems. With departmental approval, a parent with legal and physical custody of the child may obtain treatment services for the child through the program. A parent without physical custody of a child, who disagrees with a child’s treatment under this section, may request a judicial determination regarding the child’s treatment.
  2. The department may establish a program to prevent out-of-home placement for a Medicaid-eligible child with a behavior health condition as defined in the “Diagnostic and Statistical Manual of Mental Disorders”, American psychiatric association, fifth edition, text revision (2013).

Source:

S.L. 1995, ch. 300, § 2; 1997, ch. 406, § 1; 2001, ch. 419, § 1; 2003, ch. 409, § 1; 2019, ch. 396, § 1, effective August 1, 2019.

50-06-06.14. Placement of children — Least restrictive care.

The department and human service zones shall explore the option of kinship care if a child is unable to return home due to safety concerns. Absent kinship options, the department and human service zones shall provide permanency options that are in the least restrictive care and near the family’s home as required by the federal Adoption and Safe Family Act of 1997 [Pub. L. 105-89; 111 Stat. 2115; 42 U.S.C. 671].

Source:

S.L. 2017, ch. 353, § 8, effective August 1, 2017; 2019, ch. 391, § 86, effective January 1, 2020.

50-06-06.15. Mental health program registry.

The department shall establish and maintain a registry of mental health programs in the state. A mental health program shall provide the information and documentation necessary to the department at least annually in the form and manner prescribed by the department. The department shall make the registry available to the public on the department’s website.

Source:

S.L. 2021, ch. 360, § 1, effective April 21, 2021.

50-06-07. Office and office equipment. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-08. Executive director and employees — Appointment — Compensation. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-09. Executive director — Qualifications — Term of office. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-10. Executive director — Oath of office — Bond. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-11. Reciprocal agreements by department.

The department, with the approval of the attorney general, may:

  1. Enter into reciprocal agreements with corresponding state agencies of other states having like statutory authority, regarding the interstate residence, care, and transportation of indigent persons.
  2. Arrange with the proper officials in this state for:
    1. The acceptance, transfer, and support of persons receiving any form of public aid or relief or likely to become a public charge in other states; and
    2. The acceptance, transfer, and support of persons from another state receiving any form of public aid or relief or likely to become a public charge in this state, in accordance with the terms of the reciprocal agreement with other states.

Source:

S.L. 1939, ch. 196, § 1; R.C. 1943, § 50-0611.

Law Reviews.

Uniform Laws in North Dakota, 27 N.D. L. Rev. 313 (1951).

50-06-12. Human service zone bound by reciprocal agreements of department — Duty of state and human service zone when person determined not entitled to support.

Any agreement made by the department under the provisions of section 50-06-11 for the acceptance, transfer, and support of any person from another state is binding on the human service zone where such person is residing. Neither this state nor any human service zone in this state shall be committed to the support of any person who is held by the department not to be entitled to public support under the laws of this state.

Source:

S.L. 1939, ch. 196, § 1; R.C. 1943, § 50-0612; 2019, ch. 391, § 87, effective January 1, 2020.

50-06-13. Biennial report to governor and office of management and budget. [Repealed]

Repealed by S.L. 1981, ch. 486, § 37.

50-06-14. Financing of welfare programs. [Repealed]

Source:

S.L. 1935, ch. 221, § 5; R.C. 1943, § 50-0614; S.L. 1959, ch. 372, § 65; 1963, ch. 200, § 17; 1965, ch. 181, § 20; 1971, ch. 466, § 7; repealed by 2021, ch. 356, § 2, effective April 23, 2021.

50-06-14.1. Limitation on state reimbursement for rental expenses of long-term care facilities. [Effective through August 31, 2022]

The department of human services shall limit the reimbursement for rental expense paid by a provider of services when a provider sells its skilled nursing facility, intermediate care facility, basic care facility, or other facility furnishing care to its residents, when a care rate is based, in part, upon property costs unique to that facility, to a third party who leases the facility back to the provider. The department’s reimbursement for rental expense may not exceed the lesser of the rental expense paid by the provider or the cost of ownership of the facility. The cost of ownership includes depreciation, interest, real estate taxes, and other expenses properly related to the facility. The department of human services shall apply this limit to rates set for each facility’s first fiscal year beginning on or after July 1, 1985, but shall consider, in setting such rates, all sales occurring on or after July 18, 1984.

Source:

S.L. 1985, ch. 523, § 1; 1989, ch. 317, § 5.

50-06-14.1. Limitation on state reimbursement for rental expenses of long-term care facilities. [Effective September 1, 2022]

The department shall limit the reimbursement for rental expense paid by a provider of services when a provider sells its skilled nursing facility, intermediate care facility, basic care facility, or other facility furnishing care to its residents, when a care rate is based, in part, upon property costs unique to that facility, to a third party who leases the facility back to the provider. The department’s reimbursement for rental expense may not exceed the lesser of the rental expense paid by the provider or the cost of ownership of the facility. The cost of ownership includes depreciation, interest, real estate taxes, and other expenses properly related to the facility. The department shall apply this limit to rates set for each facility’s first fiscal year beginning on or after July 1, 1985, but shall consider, in setting such rates, all sales occurring on or after July 18, 1984.

Source:

S.L. 1985, ch. 523, § 1; 1989, ch. 317, § 5; 2021, ch. 352, § 390, effective September 1, 2022.

50-06-14.2. Department to establish reasonable rates. [Repealed]

Repealed by S.L. 1993, ch. 2, § 28.

50-06-14.3. Department of human services to develop basic care facility ratesetting methodology. [Repealed]

Repealed by S.L. 1999, ch. 428, § 3.

50-06-14.4. Alzheimer’s and related dementia and twenty-four-hour care projects. [Repealed]

Repealed by S.L. 1999, ch. 424, § 1.

50-06-15. Confidentiality of information contained in records — Penalty.

  1. Individually identifiable information concerning an individual applying for or receiving assistance or services under any program administered by or under the supervision and direction of the department is confidential, except that any such information, including an individual’s social security number, may be used and disclosed:
    1. In the administration of any such program;
    2. In accordance with a program’s participation in the department’s master client index data matching system, unless prohibited by federal law;
    3. As specifically authorized by the rules of the department; or
    4. As permitted or required by other law.
  2. A vendor, agent, or contractor of the department must agree to maintain the confidentiality of individually identifiable information disclosed to that person by the department or by any individual applying for or receiving assistance or services and may use and disclose confidential information only to the extent that person’s agreement with the department permits the use and disclosure of any such information.
  3. As used in this section, “individually identifiable information” means information, including an individual’s name, address, telephone number, facsimile number, social security number, electronic mail address, program identification number, or any other unique identifying number, characteristic, or code, as well as demographic information collected from an individual, that:
    1. Is created or received by the department; and
    2. Relates to:
      1. The past, present, or future assistance or services applied for or received by an individual under any program administered by or under the supervision and direction of the department that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual; or
      2. A report, or any other information obtained, concerning an applicant or a provider of or an individual applying for or receiving assistance or services under any program administered by or under the supervision and direction of the department.
  4. Except as otherwise specifically provided by law, a report concerning an applicant or a provider of or an individual applying for or receiving assistance or services under any program administered by or under the supervision and direction of the department, as well as any other information obtained, is confidential if the report is made in good faith, and may be disclosed to:
    1. Authorized staff of the department and its authorized agents who further may disclose to persons who have a definite interest in the well-being of the adults or children concerned, who are in a position to serve their interests, and who need to know the contents of the records to assure the well-being and interests of the adults or children concerned.
    2. Any person who is the subject of the report; provided, however, that the identity of the persons reporting or supplying information under this chapter is protected until the information is needed for use in an administrative or legal proceeding arising out of the report.
    3. Public officials and their authorized agents who require the information in connection with the discharge of their official duties.
    4. A court, including an administrative hearing officer, when the court determines the information is necessary for the determination of an issue before the court.
    5. A person engaged in a bona fide research purpose approved by the department’s institutional review board; provided, however, that no individually identifiable information as defined in subsection 3 is made available to the researcher unless the information is absolutely essential to the research purpose and the department gives prior approval.
  5. Any person who discloses, authorizes, or knowingly permits, participates in, or acquiesces in the disclosure of any confidential information in violation of this section is subject to the penalty provided in section 12.1-13-01.

Source:

S.L. 1977, ch. 451, § 1; 2005, ch. 408, § 1; 2009, ch. 411, § 1; 2013, ch. 369, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 369, S.L. 2013 became effective August 1, 2013.

The 2009 amendment of this section by section 1 of chapter 411, S.L. 2009 became effective August 1, 2009.

Collateral References.

Privileged communications: communications to social worker as privileged, 50 A.L.R.3d 563.

50-06-15.1. Exchange and transfer of patient records.

The department shall implement a procedure for the exchange and transfer, among treatment units within the department and treatment units of agencies under contract with the department, of records relating to the examination, custody, care, and treatment of mental health clients receiving services supported by public funds, subject to standards for confidentiality. The department shall adopt, in accordance with chapter 28-32, rules necessary to implement this section.

Source:

S.L. 1987, ch. 573, § 1.

50-06-16. Rulemaking authority.

The department may adopt rules necessary to carry out the responsibilities of the department in conformity with any statute administered or enforced by the department. All rules adopted must be published in the North Dakota Administrative Code. Rules adopted by agencies prior to January 1, 1982, which relate to functions or agencies covered by this chapter remain in effect until such time as they are specifically amended or repealed. The department is not required to adopt rules to establish the process for the administration of funds appropriated to the department in an appropriation identified by the legislative assembly as a one-time funding item.

Source:

S.L. 1981, ch. 486, § 8; 1989, ch. 575, § 5; 1995, ch. 457, § 4; 2015, ch. 12, § 12, effective July 1, 2015.

Effective Date.

The 2015 amendment of this section by section 12 of chapter 46, S.L. 2015 became effective July 1, 2015.

Notes to Decisions

Child Support.

The department of human services has authority to include children in foster care within the child support guidelines for determining a parent’s financial ability to pay all or part of the costs and expenses for the care of her child by the department or county social service board. McMerty v. A.M. (In re K.G.), 551 N.W.2d 554, 1996 N.D. LEXIS 165 (N.D. 1996).

50-06-17. Biennial report — Budget estimates.

The department shall submit to the governor and the office of management and budget the biennial report and budget estimate in accordance with sections 54-06-04 and 54-44.1-04.

Source:

S.L. 1981, ch. 486, § 7; 1989, ch. 575, § 6; 1995, ch. 457, § 5.

50-06-18. Developmental disabilities service providers. [Repealed]

Repealed by S.L. 2003, ch. 231, § 3.

50-06-19. Exemption from insurance premium tax.

No tax otherwise due under section 26.1-03-17 may be required of a stock or mutual insurance company, nonprofit health service corporation, or health maintenance organization with respect to service fees collected by any third-party administrator providing administrative services or premiums, capitation payments, or policy fees paid by the department for coverage or services provided to a recipient of benefits.

Source:

S.L. 1997, ch. 407, § 1; 2001, ch. 420, § 1.

50-06-20. Programs funded at state expense — Interpretation.

  1. The state shall bear the cost, in excess of the amount provided by the federal government, of:
    1. As provided in section 50-24.1-14, medical assistance services provided under chapter 50-24.1;
    2. Energy assistance program benefits provided under subsection 18 of section 50-06-05.1;
    3. Supplements provided under chapter 50-24.5 as basic care services;
    4. Services, programs, and costs listed in section 50-09-27;
    5. Welfare fraud detection programs;
    6. Human services provided by the human service zones or the department;
    7. General assistance under chapter 50-01;
    8. Special projects approved by the department and agreed to by any affected human service zone; and
    9. Programs and services unique to the human service zone which have been included in the approved human service zone plan.
  2. The state shall bear the costs of amounts expended for service payments for elderly and disabled and expanded service payments for elderly and disabled.
  3. This section does not grant any recipient of services, benefits, or supplements identified in subsection 1, any service, benefit, or supplement that a recipient could not claim in the absence of this section.

Source:

S.L. 1997, ch. 403, § 10; 2015, ch. 329, § 5, effective January 1, 2016; 2017, ch. 331, § 8, effective August 1, 2017; 2017, ch. 353, § 9, effective August 1, 2017; 2019, ch. 391, § 88, effective January 1, 2020.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 329, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

Note.

Section 50-06-20 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 9 of Chapter 353, Session Laws 2017, Senate Bill 2039; and Section 8 of Chapter 331, Session Laws 2017, Senate Bill 1136.

50-06-20.1. Human services grant program — Eligible counties — Reports. [Repealed]

History. S.L. 2015, ch. 329, § 6, effective May 13, 2015; 2017, ch. 341, § 16, effective August 1, 2017; 2017, ch. 341, § 6, effective August 1, 2019; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-06-21. Gambling disorder prevention, awareness, crisis intervention, rehabilitation, and treatment services. [Effective through August 31, 2022]

The department of human services shall contract with qualified treatment service providers for the development and implementation of a program for gambling prevention, awareness, crisis intervention, rehabilitation, financial counseling, and mental health treatment services. The program may provide outpatient services, partial care services, aftercare services, intervention services, financial counseling services, consultation services, or other forms of preventive, rehabilitative, or treatment services for individuals with a gambling disorder. An individual who provides treatment services must be a licensed professional operating within the individual’s scope of practice. An individual who provides financial counseling services must be a certified consumer credit counselor with an accredited financial counseling agency. The department of human services may establish a sliding payment scale for services under the program. The department of human services may establish a centrally located repository of educational materials on identifying and treating gambling disorders. Any service fee collected by qualified treatment service providers for services provided under the contract must be applied toward the program’s gambling disorder services. The term “qualified treatment service provider” means an entity based in North Dakota which is experienced in and capable of delivering gambling disorder education, prevention, awareness, crisis intervention, rehabilitation, financial counseling, and mental health treatment services as defined by the department of human services. The term “gambling disorder” means a chronic, progressive disease that is characterized by a preoccupation with gambling, loss of control over gambling behaviors, and oftentimes disregard for the negative consequences as a result of gambling. Gambling disorder includes gambling behavior that compromises, disrupts, or damages personal, family, or vocational pursuits.

Source:

S.L. 2001, ch. 460, § 2; 2001, ch. 421, § 1; 2017, ch. 352, § 1, effective August 1, 2017.

50-06-21. Gambling disorder prevention, awareness, crisis intervention, rehabilitation, and treatment services. [Effective September 1, 2022]

The department shall contract with qualified treatment service providers for the development and implementation of a program for gambling prevention, awareness, crisis intervention, rehabilitation, financial counseling, and mental health treatment services. The program may provide outpatient services, partial care services, aftercare services, intervention services, financial counseling services, consultation services, or other forms of preventive, rehabilitative, or treatment services for individuals with a gambling disorder. An individual who provides treatment services must be a licensed professional operating within the individual’s scope of practice. An individual who provides financial counseling services must be a certified consumer credit counselor with an accredited financial counseling agency. The department may establish a sliding payment scale for services under the program. The department may establish a centrally located repository of educational materials on identifying and treating gambling disorders. Any service fee collected by qualified treatment service providers for services provided under the contract must be applied toward the program’s gambling disorder services. The term “qualified treatment service provider” means an entity based in North Dakota which is experienced in and capable of delivering gambling disorder education, prevention, awareness, crisis intervention, rehabilitation, financial counseling, and mental health treatment services as defined by the department of health and human services. The term “gambling disorder” means a chronic, progressive disease that is characterized by a preoccupation with gambling, loss of control over gambling behaviors, and oftentimes disregard for the negative consequences as a result of gambling. Gambling disorder includes gambling behavior that compromises, disrupts, or damages personal, family, or vocational pursuits.

Source:

S.L. 2001, ch. 460, § 2; 2001, ch. 421, § 1; 2017, ch. 352, § 1, effective August 1, 2017; 2021, ch. 352, § 391, effective September 1, 2022.

50-06-22. Gambling disorder prevention and treatment fund — Continuing appropriation.

Funds deposited in the gambling disorder prevention and treatment fund under section 53-12.1-09 are appropriated to the department on a continuing basis for the purpose of providing the services under section 50-06-21.

Source:

S.L. 2003, ch. 454, § 1; 2005, ch. 470, § 2; 2017, ch. 352, § 2, effective August 1, 2017.

50-06-23. Placement of children — Least restrictive care. [Repealed]

Source:

S.L. 2005, ch. 409, § 2; 2017, ch. 331, § 9, effective August 1, 2017; repealed by 2017, ch. 353, § 10, effective August 1, 2017.

50-06-24. Guardianship services. [Effective through August 31, 2022]

The department of human services may create and coordinate a unified system for the provision of guardianship services to vulnerable adults who are ineligible for developmental disabilities program management services. The system must include a base unit funding level at the same level as developmental disability corporate guardianship rates, provider standards, staff competency requirements, and guidelines and training for guardians. The department shall adopt rules for guardianship services to vulnerable adults which are consistent with chapters 30.1-26, 30.1-28, and 30.1-29.

Source:

S.L. 2005, ch. 410, § 1; 2007, ch. 39, § 21; 2017, ch. 331, § 10, effective August 1, 2017.

Effective Date.

The 2007 amendment of this section by section 21 of chapter 39, S.L. 2007 became effective July 1, 2007.

50-06-24. Guardianship services. [Effective September 1, 2022]

The department may create and coordinate a unified system for the provision of guardianship services to vulnerable adults who are ineligible for developmental disabilities program management services. The system must include a base unit funding level at the same level as developmental disability corporate guardianship rates, provider standards, staff competency requirements, and guidelines and training for guardians. The department shall adopt rules for guardianship services to vulnerable adults which are consistent with chapters 30.1-26, 30.1-28, and 30.1-29.

Source:

S.L. 2005, ch. 410, § 1; 2007, ch. 39, § 21; 2017, ch. 331, § 10, effective August 1, 2017; 2021, ch. 352, § 392, effective September 1, 2022.

50-06-25. Biennial report on programs and services. [Expired]

Expired under S.L. 2005, ch. 411, § 3.

50-06-26. Alternatives-to-abortion services program. [Effective through August 31, 2022]

The department of human services shall disburse funds available through title IV-A of the Social Security Act [42 U.S.C. 601 et seq.] to nongovernmental entities that provide alternatives-to-abortion services and expend funds to inform the public about this program. The services must be outcome-based with positive outcome-based results. The department, in consultation with a nongovernmental entity that provides alternatives-to-abortion services, shall contract to inform the public about this program. For purposes of this section, “alternatives-to-abortion services” are those services that promote childbirth instead of abortion by providing information, counseling, and support services that assist pregnant women or women who believe they may be pregnant to choose childbirth and to make informed decisions regarding the choice of adoption or parenting with respect to their children.

Source:

S.L. 2005, ch. 412, § 1; 2007, ch. 414, § 1; 2009, ch. 412, § 1.

Effective Date.

The 2009 amendment of this section by section 1 of chapter 412, S.L. 2009 became effective July 1, 2009.

The 2007 amendment of this section by section 1 of chapter 414, S.L. 2007 became effective July 1, 2007.

50-06-26. Alternatives-to-abortion services program. [Effective September 1, 2022]

The department shall disburse funds available through title IV-A of the Social Security Act [42 U.S.C. 601 et seq.] to nongovernmental entities that provide alternatives-to-abortion services and expend funds to inform the public about this program. The services must be outcome-based with positive outcome-based results. The department, in consultation with a nongovernmental entity that provides alternatives-to-abortion services, shall contract to inform the public about this program. For purposes of this section, “alternatives-to-abortion services” are those services that promote childbirth instead of abortion by providing information, counseling, and support services that assist pregnant women or women who believe they may be pregnant to choose childbirth and to make informed decisions regarding the choice of adoption or parenting with respect to their children.

Source:

S.L. 2005, ch. 412, § 1; 2007, ch. 414, § 1; 2009, ch. 412, § 1; 2021, ch. 352, § 393, effective September 1, 2022.

50-06-27. Prescription drug monitoring program. [Repealed]

Repealed by S.L. 2007, ch. 212, § 2.

Note.

For prescription drug monitoring program, see now N.D.C.C., ch. 19-03.5.

50-06-28. Substance abuse treatment pilot program. [Expired]

Expired under S.L. 2005, ch. 414, § 4.

50-06-29. Application for aging and disability resource center funding. [Effective through August 31, 2022]

The department of human services shall operate an aging and disability resource center for the state. The resource center will be a single point of information program at the community level which will help people make informed decisions about the full range of long-term care service and support options, including both institutional and home and community-based care, and which will provide unbiased information and assistance to individuals needing either public or private resources, to professionals seeking assistance on behalf of their clients, and to individuals planning for their future long-term care needs. The resource center must be free from a conflict of interest which would inappropriately influence or bias the actions of a contractor, staff member, board member, or volunteer of the resource center to limit the information given to a consumer to steer the consumer to services that may also be provided by the resource center.

Source:

S.L. 2007, ch. 415, § 1; 2017, ch. 331, § 11, effective August 1, 2017.

Effective Date.

This section became effective April 10, 2007, pursuant to an emergency clause in section 3 of chapter 415, S.L. 2007.

50-06-29. Application for aging and disability resource center funding. [Effective September 1, 2022]

The department shall operate an aging and disability resource center for the state. The resource center will be a single point of information program at the community level which will help people make informed decisions about the full range of long-term care service and support options, including both institutional and home and community-based care, and which will provide unbiased information and assistance to individuals needing either public or private resources, to professionals seeking assistance on behalf of their clients, and to individuals planning for their future long-term care needs. The resource center must be free from a conflict of interest which would inappropriately influence or bias the actions of a contractor, staff member, board member, or volunteer of the resource center to limit the information given to a consumer to steer the consumer to services that may also be provided by the resource center.

Source:

S.L. 2007, ch. 415, § 1; 2017, ch. 331, § 11, effective August 1, 2017; 2021, ch. 352, § 394, effective September 1, 2022.

50-06-30. Interagency agreement between the department of human services and the department of corrections and rehabilitation. [Effective through August 31, 2022]

The executive director of the department of human services and the director of the department of corrections and rehabilitation may amend the interagency agreement entered under this section which became effective August 1, 2007. The amended agreement must provide that the department of corrections and rehabilitation shall train, consult, and assist the department of human services with the provision and enforcement of safety and security procedures at the state hospital for all patients at the state hospital, including those committed to the state hospital under chapter 25-03.1 or placed at the state hospital for evaluation or civil commitment and treatment under chapter 25-03.3 and for all staff, visitors, and volunteers at the state hospital. The amended interagency agreement must provide that the executive director of the department of human services shall continue to be responsible for the custody and care of patients at the state hospital, including those committed to the state hospital under chapter 25-03.1 or placed at the state hospital for evaluation or civil commitment and treatment under chapter 25-03.3, including responsibility for all assessments, evaluations, and treatment required under chapter 25-03.3, the provision of all necessary staffing, including maintenance staff, and the provision of all daily care and health care.

Source:

S.L. 2007, ch. 416, § 1; 2015, ch. 330, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 330, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 1 of chapter 130, S.L. 2015 became effective July 1, 2015.

50-06-30. Interagency agreement between the department of health and human services and the department of corrections and rehabilitation. [Effective September 1, 2022]

The executive director of the department and the director of the department of corrections and rehabilitation may amend the interagency agreement entered under this section which became effective August 1, 2007. The amended agreement must provide that the department of corrections and rehabilitation shall train, consult, and assist the department of health and human services with the provision and enforcement of safety and security procedures at the state hospital for all patients at the state hospital, including those committed to the state hospital under chapter 25-03.1 or placed at the state hospital for evaluation or civil commitment and treatment under chapter 25-03.3 and for all staff, visitors, and volunteers at the state hospital. The amended interagency agreement must provide that the executive director of the department shall continue to be responsible for the custody and care of patients at the state hospital, including those committed to the state hospital under chapter 25-03.1 or placed at the state hospital for evaluation or civil commitment and treatment under chapter 25-03.3, including responsibility for all assessments, evaluations, and treatment required under chapter 25-03.3, the provision of all necessary staffing, including maintenance staff, and the provision of all daily care and health care.

Source:

S.L. 2007, ch. 416, § 1; 2015, ch. 330, § 1, effective August 1, 2015; 2021, ch. 352, § 395, effective September 1, 2022.

50-06-31. Report to legislative council — Individuals committed to state hospital. [Effective through August 31, 2022]

Before March first of each even-numbered year, the department of human services shall report to the legislative council on services provided by the department of corrections and rehabilitation relating to individuals at the state hospital who have been committed to the care and custody of the executive director of the department of human services.

Source:

S.L. 2007, ch. 416, § 2.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 130, S.L. 2015 became effective July 1, 2015.

50-06-31. Report to legislative council — Individuals committed to state hospital. [Effective September 1, 2022]

Before March first of each even-numbered year, the department shall report to the legislative council on services provided by the department of corrections and rehabilitation relating to individuals at the state hospital who have been committed to the care and custody of the executive director of the department.

Source:

S.L. 2007, ch. 416, § 2; 2021, ch. 352, § 396, effective September 1, 2022.

50-06-32. Autism spectrum disorder task force — Appointment — Duties — Annual reports. [Effective through August 31, 2022]

  1. The autism spectrum disorder task force consists of:
      1. The state health officer, or the officer’s designee;
      2. The director of the department of human services, or the director’s designee;
      3. The superintendent of public instruction, or the superintendent’s designee; and
      4. The executive director of the protection and advocacy project, or the director’s designee; and
    1. The following members appointed by the governor:
      1. A pediatrician with expertise in the area of autism spectrum disorder;
      2. A psychologist with expertise in the area of autism spectrum disorder;
      3. A college of education faculty member with expertise in the area of autism spectrum disorder;
      4. A behavioral specialist;
      5. A licensed teacher with expertise in the area of autism spectrum disorder;
      6. An occupational therapist;
      7. A representative of a health insurance company doing business in this state;
      8. A representative of a licensed residential care facility that provides care and services to individuals with autism spectrum disorder;
      9. A representative who is an enrolled member of a federally recognized Indian tribe;
      10. An adult self advocate with autism spectrum disorder;
      11. A parent of a child with autism spectrum disorder;
      12. A family member of an adult with autism spectrum disorder; and
      13. A member of the legislative assembly.
  2. The director of the department of human services, or the director’s designee, shall serve as the chairman. The task force shall meet at the call of the chairman, at least quarterly.
  3. The task force shall examine early intervention services, family support services that would enable an individual with autism spectrum disorder to remain in the least restrictive home-based or community setting, programs transitioning an individual with autism spectrum disorder from a school-based setting to adult day programs and workforce development programs, the cost of providing services, and the nature and extent of federal resources that can be directed to the provision of services for individuals with autism spectrum disorder.
  4. The task force shall develop a state autism spectrum disorder plan and present the plan to the governor and the legislative council before July 1, 2010. Thereafter, the task force shall continue to review and periodically update or otherwise amend the state plan so that it best serves the needs of individuals with autism spectrum disorder. The task force shall provide an annual report to the governor and the legislative council regarding the status of the state autism spectrum disorder plan.

Source:

S.L. 2009, ch. 413, § 1; 2017, ch. 351, § 1, effective August 1, 2017.

Effective Date.

This section became effective July 1, 2009.

50-06-32. Autism spectrum disorder task force — Appointment — Duties — Annual reports. [Effective September 1, 2022]

  1. The autism spectrum disorder task force consists of:
      1. The state health officer, or the officer’s designee;
      2. The director of the department, or the director’s designee;
      3. The superintendent of public instruction, or the superintendent’s designee; and
      4. The executive director of the protection and advocacy project, or the director’s designee; and
    1. The following members appointed by the governor:
      1. A pediatrician with expertise in the area of autism spectrum disorder;
      2. A psychologist with expertise in the area of autism spectrum disorder;
      3. A college of education faculty member with expertise in the area of autism spectrum disorder;
      4. A behavioral specialist;
      5. A licensed teacher with expertise in the area of autism spectrum disorder;
      6. An occupational therapist;
      7. A representative of a health insurance company doing business in this state;
      8. A representative of a licensed residential care facility that provides care and services to individuals with autism spectrum disorder;
      9. A representative who is an enrolled member of a federally recognized Indian tribe;
      10. An adult self advocate with autism spectrum disorder;
      11. A parent of a child with autism spectrum disorder;
      12. A family member of an adult with autism spectrum disorder; and
      13. A member of the legislative assembly.
  2. The director of the department, or the director’s designee, shall serve as the chairman. The task force shall meet at the call of the chairman, at least quarterly.
  3. The task force shall examine early intervention services, family support services that would enable an individual with autism spectrum disorder to remain in the least restrictive home-based or community setting, programs transitioning an individual with autism spectrum disorder from a school-based setting to adult day programs and workforce development programs, the cost of providing services, and the nature and extent of federal resources that can be directed to the provision of services for individuals with autism spectrum disorder.
  4. The task force shall develop a state autism spectrum disorder plan and present the plan to the governor and the legislative council before July 1, 2010. Thereafter, the task force shall continue to review and periodically update or otherwise amend the state plan so that it best serves the needs of individuals with autism spectrum disorder. The task force shall provide an annual report to the governor and the legislative council regarding the status of the state autism spectrum disorder plan.

Source:

S.L. 2009, ch. 413, § 1; 2017, ch. 351, § 1, effective August 1, 2017; 2021, ch. 352, § 397, effective September 1, 2022.

50-06-32.1. Autism spectrum disorder voucher program pilot project — Legislative management report — Appeal. [Effective through August 31, 2022]

  1. The department of human services shall establish a voucher program pilot project beginning July 1, 2014, to assist in funding equipment and general educational needs related to autism spectrum disorder for individuals below two hundred percent of the federal poverty level from age three to under age eighteen who have been diagnosed with autism spectrum disorder. The program may include funding for assistive technology; video modeling videos or equipment; language-generating devices; training and educational material for parents; parenting education; sensory equipment; tutors; safety equipment; travel tools; self-care equipment; timers; visual representation systems; respite care; specialized day care; language comprehension equipment; and registration and related expenses for workshops and training to improve independent living skills, employment opportunities, and other executive or social skills.
  2. The department shall adopt rules addressing management of this voucher program pilot project and establishing the eligibility requirements and exclusions for this voucher program pilot project. The program may not provide a voucher for early intensive behavioral intervention, including applied behavioral analysis, intensive early interventional behavioral therapy, intensive behavioral intervention, the Lovaas method, the Denver model, LEAP (learning experiences - an alternative program for preschoolers and parents), TEACCH (treatment and education of autistic and related communication handicapped children), pivotal response training, or discrete trial training.
  3. A decision on a voucher application which is issued by the department under this section may be appealed as provided under chapter 28-32.
  4. The department of human services shall report to the legislative management regarding the autism spectrum disorder program pilot project.

Source:

S.L. 2013, ch. 206, § 2; 2015, ch. 46, § 13, effective July 1, 2015; 2021, ch. 352, § 398, effective September 1, 2022.

Effective Date.

The 2015 amendment of this section by section 13 of chapter 46, S.L. 2015 became effective July 1, 2015.

This section became effective July 1, 2013.

50-06-32.1. Autism spectrum disorder voucher program pilot project — Legislative management report — Appeal. [Effective September 1, 2022]

  1. The department shall establish a voucher program pilot project beginning July 1, 2014, to assist in funding equipment and general educational needs related to autism spectrum disorder for individuals below two hundred percent of the federal poverty level from age three to under age eighteen who have been diagnosed with autism spectrum disorder. The program may include funding for assistive technology; video modeling videos or equipment; language-generating devices; training and educational material for parents; parenting education; sensory equipment; tutors; safety equipment; travel tools; self-care equipment; timers; visual representation systems; respite care; specialized day care; language comprehension equipment; and registration and related expenses for workshops and training to improve independent living skills, employment opportunities, and other executive or social skills.
  2. The department shall adopt rules addressing management of this voucher program pilot project and establishing the eligibility requirements and exclusions for this voucher program pilot project. The program may not provide a voucher for early intensive behavioral intervention, including applied behavioral analysis, intensive early interventional behavioral therapy, intensive behavioral intervention, the Lovaas method, the Denver model, LEAP (learning experiences - an alternative program for preschoolers and parents), TEACCH (treatment and education of autistic and related communication handicapped children), pivotal response training, or discrete trial training.
  3. A decision on a voucher application which is issued by the department under this section may be appealed as provided under chapter 28-32.
  4. The department shall report to the legislative management regarding the autism spectrum disorder program pilot project.

Source:

S.L. 2013, ch. 206, § 2; 2015, ch. 46, § 13, effective July 1, 2015; 2021, ch. 352, § 398, effective September 1, 2022.

50-06-33. Dementia care services.

As used in this section, “dementia” means the condition of an individual involving loss of memory and impairment of cognitive functions severe enough to interfere with the individual’s daily life. The department shall contract with a private provider for a dementia care services program in each area of the state served by a regional human service center. The dementia care services must include:

  1. Identifying available services within the region;
  2. Providing information to medical professionals, law enforcement, and the public regarding the symptoms of dementia, the benefits of early detection and treatment, and the services available to individuals with dementia and their caregivers;
  3. Assessing the needs of individuals with dementia and their caregivers;
  4. Training care providers to manage and provide for the care of individuals with dementia;
  5. Providing consultation services to individuals with dementia and their caregivers; and
  6. Facilitating the referral of individuals with dementia and their caregivers to appropriate care and support services.

Source:

S.L. 2009, ch. 414, § 1.

Effective Date.

This section became effective July 1, 2009.

50-06-34. Program for services to transition-aged youth at risk — Definition — Rules — Continuing appropriation.

  1. The department shall develop, within current appropriations, a program for services to transition-aged youth at risk. The department shall use a wraparound planning process. The department shall adopt rules to establish eligibility, services, and a distinct statewide interagency advisory council on transition-aged youth at risk, with youth and family representation, and with regional subcommittees. For the purposes of this section, “transition-aged youth” means children and young adults at risk due to:
    1. Deprivation or other activities resulting in youth being involved with the foster care or juvenile justice system;
    2. Serious mental illness or serious disabilities that do not qualify the youth for developmental disabilities program management; or
    3. Suicidal tendencies.
  2. Services under the program must include:
    1. Individualized assessments to determine the needs and appropriate services to individual transition-aged youth at risk;
    2. Single plan of care to coordinate services among available service systems, emphasizing existing case management resources;
    3. Independent living skills, including self-advocacy training;
    4. Enhanced or extended vocational rehabilitation, including transition from education to employment and from secondary education to higher education;
    5. In-home support, including mentors, individual and family training, and access to respite care; and
    6. Development of a statewide independent living skills curriculum for youth and families.
  3. Services to an individual youth must be appropriate to that individual and need not include all services of the program.
  4. The department may accept and receive grants and other sources of funding for the development of a program for services to transition-aged youth at risk. All moneys received by the department as gifts, grants, or donations for the development of a program for services to transition-aged youth at risk under this section are appropriated on a continuing basis to the department.

Source:

S.L. 2009, ch. 415, § 1; 2017, ch. 331, § 12, effective August 1, 2017.

Effective Date.

This section became effective July 1, 2009.

50-06-35. Department of human services food assistance contracts. [Effective through August 31, 2022]

The department of human services shall contract with a statewide charitable food recovery and distribution organization to develop and implement new methods of delivering charitable food assistance services in underserved counties, to include a mobile food pantry program and prepacked food basket program; expand the recovery of surplus food from the retail and wholesale food industry for distribution to charitable feeding programs; provide training, technical assistance, and equipment grants to community food pantries and emergency meal programs; and develop a cross-referral system between charitable feeding programs and government assistance programs that help clients achieve self-sufficiency.

Source:

S.L. 2009, ch. 416, § 1.

Effective Date.

This section became effective July 1, 2009.

50-06-35. Department food assistance contracts. [Effective September 1, 2022]

The department shall contract with a statewide charitable food recovery and distribution organization to develop and implement new methods of delivering charitable food assistance services in underserved counties, to include a mobile food pantry program and prepacked food basket program; expand the recovery of surplus food from the retail and wholesale food industry for distribution to charitable feeding programs; provide training, technical assistance, and equipment grants to community food pantries and emergency meal programs; and develop a cross-referral system between charitable feeding programs and government assistance programs that help clients achieve self-sufficiency.

Source:

S.L. 2009, ch. 416, § 1; 2021, ch. 352, § 399, effective September 1, 2022.

50-06-36. Developmental disability provider review. [Repealed]

Source:

S.L. 2009, ch. 417, § 1; repealed by 2017, ch. 331, § 14, effective August 1, 2017.

50-06-36.1. Regional crisis support services for individuals with an intellectual or developmental disability.

The department shall establish regional crisis support services for individuals with an intellectual or developmental disability. The regional crisis support services teams shall provide timely crisis assistance to individuals with an intellectual or developmental disability.

Source:

S.L. 2019, ch. 228, § 4, effective August 1, 2019.

50-06-37. Developmental disabilities system reimbursement project. [Effective through August 31, 2022]

The department of human services, in conjunction with developmental disabilities community providers, shall maintain a prospective payment system based on a state-approved assessment.

  1. The department shall maintain a steering committee consisting of no more than eighteen representatives from all interested providers which must include no more than two clients, no more than one family member of a client, a representative of the department, and a representative of the North Dakota protection and advocacy project.
  2. The department may contract with a consultant to continuously improve, in collaboration with the steering committee, the payment system and the resource allocation model tying funding to the state-approved assessment.
  3. The department shall conduct the standardized assessment of eligible individuals residing at the life skills and transition center.
  4. Data must be analyzed by the steering committee, and the steering committee shall recommend to the department any rate adjustments, resource allocation modifications, or process assumptions, including the state-approved assessment.
  5. The department and the steering committee shall report development activities and status information to an interim legislative committee.

Source:

S.L. 2011, ch. 353, § 1; 2015, ch. 46, § 14, effective July 1, 2015; 2019, ch. 228, § 3, effective August 1, 2019; 2019, ch. 397, § 1, effective August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 13 of chapter 46, S.L. 2015 became effective July 1, 2015.

This section became effective August 1, 2011.

Note.

Section 50-06-37 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 397, Session Laws 2019, Senate Bill 2247; and Section 3 of Chapter 228, Session Laws 2019, House Bill 1517.

50-06-37. Developmental disabilities system reimbursement project. [Effective September 1, 2022]

The department, in conjunction with developmental disabilities community providers, shall maintain a prospective payment system based on a state-approved assessment.

  1. The department shall maintain a steering committee consisting of no more than eighteen representatives from all interested providers which must include no more than two clients, no more than one family member of a client, a representative of the department, and a representative of the North Dakota protection and advocacy project.
  2. The department may contract with a consultant to continuously improve, in collaboration with the steering committee, the payment system and the resource allocation model tying funding to the state-approved assessment.
  3. The department shall conduct the standardized assessment of eligible individuals residing at the life skills and transition center.
  4. Data must be analyzed by the steering committee, and the steering committee shall recommend to the department any rate adjustments, resource allocation modifications, or process assumptions, including the state-approved assessment.
  5. The department and the steering committee shall report development activities and status information to an interim legislative committee.

Source:

S.L. 2011, ch. 353, § 1; 2015, ch. 46, § 14, effective July 1, 2015; 2019, ch. 228, § 3, effective August 1, 2019; 2019, ch. 397, § 1, effective August 1, 2019; 2021, ch. 352, § 400, effective September 1, 2022.

50-06-38. Review and limitation. [Effective through August 31, 2022]

Intermediate care facility providers shall submit all facility construction or remodeling proposals to the department of human services prior to enactment of a contract for the completion of the project. The department of human services shall review all intermediate care facility construction or remodeling proposals and may limit allowable construction and remodeling costs to ensure the costs are reasonable and appropriate.

Source:

S.L. 2013, ch. 12, § 10.

Effective Date.

This section became effective July 1, 2013.

50-06-38. Review and limitation. [Effective September 1, 2022]

Intermediate care facility providers shall submit all facility construction or remodeling proposals to the department prior to enactment of a contract for the completion of the project. The department shall review all intermediate care facility construction or remodeling proposals and may limit allowable construction and remodeling costs to ensure the costs are reasonable and appropriate.

Source:

S.L. 2013, ch. 12, § 10; 2021, ch. 352, § 401, effective September 1, 2022.

50-06-39. Expedited ratesetting process — Nursing and basic care facilities. [Repealed]

Source:

S.L. 2013, ch. 370, § 1; repealed by 2017, ch. 331, § 14, effective August 1, 2017.

50-06-40. Medication therapy management program.

  1. The department shall establish a medication therapy management program available to Medicaid-eligible individuals in the medical and hospital benefits coverage group. The purpose of the medication therapy management program is to coordinate health care and improve the health of individuals in the identified health populations and to manage health care expenditures.
  2. The department may involve physicians, pharmacists, and other health professionals in the program. Any physicians, pharmacists, and other health professionals who provide face-to-face or telephonic medication therapy management services to covered individuals in the identified health population are entitled to reimbursement.
  3. The department may request the assistance of the North Dakota pharmacists association or a specified delegate to implement a formalized medication therapy program. This program must facilitate enrollment procedures, provide standards of care, enable consistent documentation of clinical and economic outcomes, and structure an outcomes reporting system.

History. S.L. 2015, ch. 331, § 1, effective January 1, 2016.

Effective Date.

This section becomes effective on January 1, 2016.

50-06-41. Behavioral health services quarterly report. [Effective through August 31, 2022]

The department of human services shall publish a quarterly report of all behavioral health services provided by or supported by the department. The report must include each type of behavioral health service, the number of clients served for each service, and the amount of state and federal funds budgeted and spent for each service. Data must be identified for behavioral health services by human service region and by mental health services provided to children, mental health services provided to adults, and substance abuse services.

History. S.L. 2015, ch. 46, § 11, effective January 1, 2016.

Effective Date.

This section became effective January 1, 2016.

50-06-41. Behavioral health services quarterly report. [Effective September 1, 2022]

The department shall publish a quarterly report of all behavioral health services provided by or supported by the department. The report must include each type of behavioral health service, the number of clients served for each service, and the amount of state and federal funds budgeted and spent for each service. Data must be identified for behavioral health services by human service region and by mental health services provided to children, mental health services provided to adults, and substance abuse services.

History. S.L. 2015, ch. 46, § 11, effective January 1, 2016; 2021, ch. 352, § 402, effective September 1, 2022.

50-06-41.1. Peer support certification.

The behavioral health division shall establish and implement a program for the certification of peer support specialists. In developing the program, the division shall:

  1. Define a peer support specialist;
  2. Establish eligibility requirements for certification;
  3. Establish application procedures and standards for the approval or disapproval of applications for certification;
  4. Enter reciprocity agreements with other states as deemed appropriate to certify nonresident applicants registered under the laws of other states having requirements for peer support specialists; and
  5. Establish continuing education and certification renewal requirements.

Source:

S.L. 2019, ch. 37, § 3, effective July 1, 2019.

50-06-41.2. Community behavioral health program. [Effective through August 31, 2022]

  1. The department of human services shall establish and implement a community behavioral health program to provide comprehensive community-based services for individuals who have serious behavioral health conditions.
  2. In developing the program, the department shall:
    1. Establish a referral and evaluation process for access to the program.
    2. Establish eligibility criteria that includes consideration of behavioral health condition severity.
    3. Establish discharge criteria and processes.
    4. Develop program oversight and evaluation processes that include outcome and provider reporting metrics.
    5. Establish a system through which the department:
      1. Contracts with and pays behavioral health service providers.
      2. Supervises, supports, and monitors referral caseloads and the provision of services by contract behavioral health service providers.
      3. Requires contract behavioral health service providers to accept eligible referrals and to provide individualized care delivered through integrated multidisciplinary care teams.
      4. Provides payments to contract behavioral health service providers on a per-month per-referral basis based on a pay-for-performance model that includes consideration of identified outcomes and the level of services required.

Source:

S.L. 2019, ch. 37, § 4, effective July 1, 2019; 2021, ch. 352, § 403, effective September 1, 2022.

50-06-41.2. Community behavioral health program. [Effective September 1, 2022]

  1. The department of health and human services shall establish and implement a community behavioral health program to provide comprehensive community-based services for individuals who have serious behavioral health conditions.
  2. In developing the program, the department shall:
    1. Establish a referral and evaluation process for access to the program.
    2. Establish eligibility criteria that includes consideration of behavioral health condition severity.
    3. Establish discharge criteria and processes.
    4. Develop program oversight and evaluation processes that include outcome and provider reporting metrics.
    5. Establish a system through which the department:
      1. Contracts with and pays behavioral health service providers.
      2. Supervises, supports, and monitors referral caseloads and the provision of services by contract behavioral health service providers.
      3. Requires contract behavioral health service providers to accept eligible referrals and to provide individualized care delivered through integrated multidisciplinary care teams.
      4. Provides payments to contract behavioral health service providers on a per-month per-referral basis based on a pay-for-performance model that includes consideration of identified outcomes and the level of services required.

Source:

S.L. 2019, ch. 37, § 4, effective July 1, 2019; 2021, ch. 352, § 403, effective September 1, 2022.

50-06-41.3. Behavioral health bed management system.

The department shall establish and maintain a behavioral health bed management system to improve utilization of behavioral health bed capacity. Public and private providers of residential or inpatient behavioral health services, except the department of corrections and rehabilitation, shall participate in and report daily to the department the information and documentation necessary to maintain the behavioral health bed management system in the form and manner prescribed by the department.

Source:

S.L. 2021, ch. 12, § 27, effective July 1, 2021; 2021, 1st Sp. Sess. ch. 551, § 3, effective November 12, 2021.

50-06-42. Substance use disorder treatment voucher system. [Effective through June 30, 2022 — Retroactive application - See note]

  1. The department shall establish and administer, within the limits of legislative appropriations, a voucher system to address underserved areas and gaps in the state’s substance abuse treatment system and to assist in the payment of addiction treatment services provided by licensed substance abuse treatment programs, excluding regional human service centers, hospital- or medical clinic-based programs for medical management of withdrawal, and any institution for mental diseases in accordance with subsection 2.
  2. The department shall deny a licensed substance abuse treatment program’s substance use disorder treatment voucher system application and deny reimbursement by the substance use disorder treatment voucher system if the licensed substance abuse treatment program is an institution for mental diseases and reimbursement is requested for residential beds added on or after July 1, 2020.
  3. Services eligible for the voucher program include only those levels of care recognized by the American society of addiction medicine, with particular emphasis given to underserved areas and programs. The department shall ensure that a licensed substance abuse treatment program, hospital, and medical clinic program accepting vouchers collects and reports process and outcome measures. The department shall develop requirements and provide training and technical assistance to a licensed substance abuse treatment program, hospital, and medical clinic program accepting vouchers. A licensed substance abuse treatment program, hospital, and medical clinic program accepting vouchers shall provide evidence-based services.
  4. The department shall allocate funding appropriated for the substance use disorder treatment voucher as follows:
    1. No more than forty-five percent of the appropriated amount may be allocated for residential substance use disorder services administered by licensed substance abuse treatment programs with more than sixteen beds.
    2. The remaining appropriation must be allocated for residential programs with sixteen or fewer beds, nonresidential outpatient, and ancillary substance use disorder services administered by licensed substance abuse treatment programs.

Source:

S.L. 2017, ch. 331, § 13, effective March 9, 2017; 2019, ch. 396, § 2, effective August 1, 2019; 2021, ch. 12, §§ 25, 26, effective July 1, 2021; 2021, ch. 361, § 1, effective July 1, 2022.

Note.

Section 50-06-42 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 25 of Chapter 12, Session Laws 2021, House Bill 1012; Section 26 of Chapter 12, Session Laws 2021, House Bill 1012; and Section 1 of Chapter 361, Session Laws 2021, House Bill 1402.

Section 64 of chapter 25, S.L. 2021, provides: “ RETROACTIVE APPLICATION. Section 25 of this Act applies retroactively to July 1, 2020.”

50-06-42. Substance use disorder treatment voucher system. [Effective July 1, 2022 — Retroactive application — See note]

  1. The department shall establish and administer, within the limits of legislative appropriations, a voucher system to address underserved areas and gaps in the state's substance abuse treatment system and to assist in the payment of addiction treatment services provided by licensed substance abuse treatment programs, excluding regional human service centers, hospital- or medical clinic-based programs for medical management of withdrawal, and any institution for mental diseases in accordance with subsection 2. An out-of-state licensed substance abuse treatment program located within a bordering state may participate in the voucher program to serve an underserved area of this state pursuant to the rules adopted by the department. The department shall develop rules to include processes and requirements for an out-of-state provider to receive reimbursement only for outpatient and community-based services upon a provider completing an assessment of need and receiving approval from the department.
  2. The department shall deny a licensed substance abuse treatment program's substance use disorder treatment voucher system application and deny reimbursement by the substance use disorder treatment voucher system if the licensed substance abuse treatment program is an institution for mental diseases and reimbursement is requested for residential beds added on or after July 1, 2020.
  3. Services eligible for the voucher program include only those levels of care recognized by the American society of addiction medicine, with particular emphasis given to underserved areas and programs. The department shall ensure that a licensed substance abuse treatment program, hospital, and medical clinic program accepting vouchers collects and reports process and outcome measures.
  4. The department shall develop requirements and provide training and technical assistance to a licensed substance abuse treatment program, hospital, and medical clinic program accepting vouchers. A licensed substance abuse treatment program, hospital, and medical clinic program accepting vouchers shall provide evidence-based services.
  5. The department shall allocate funding appropriated for the substance use disorder treatment voucher as follows:
    1. No more than forty-five percent of the appropriated amount may be allocated for residential substance use disorder services administered by licensed substance abuse treatment programs with more than sixteen beds.
    2. The remaining appropriation must be allocated for residential programs with sixteen or fewer beds, nonresidential outpatient, and ancillary substance use disorder services administered by licensed substance abuse treatment programs.

Source:

S.L. 2017, ch. 331, § 13, effective March 9, 2017; 2019, ch. 396, § 2, effective August 1, 2019; 2021, ch. 12, §§ 25, 26, effective July 1, 2021; 2021, ch. 361, § 1, effective July 1, 2022.

50-06-42.1. Substance use disorder treatment voucher system grants. [Expires July 1, 2027]

  1. A licensed substance abuse treatment program, excluding regional human service centers and hospital or medical clinic-based programs for medical management of withdrawal, may apply for a competitive substance use disorder treatment voucher system grant. A licensed substance abuse treatment program is eligible for a one-time grant award. To receive a grant, a licensed substance abuse treatment program shall:
    1. Submit an application in the form and manner prescribed by the department;
    2. Enter a grant agreement with the department;
    3. Use grant funds for a licensed substance abuse treatment program with fewer than seventeen beds in an underserved area, as determined by the department, in the state’s substance abuse treatment system;
    4. Use the grant funds to support the provision of substance use disorder treatment in underserved areas of the state’s substance abuse treatment system;
    5. Provide and disclose information needed to comply with the department’s data collection requirements; and
    6. Operate in compliance with grant requirements.
  2. The department, within legislative appropriations, may distribute up to two grants under this section to licensed substance abuse treatment programs.
  3. The department may recapture grant funds distributed to a licensed program found by the department to be out of compliance with the requirements established by the grant program, including ending or reducing the operation of the substance use disorder treatment services in the underserved area.
  4. The department may not collect property, equipment, or supplies purchased with grant funds from the licensed substance abuse treatment program after successful completion of the terms of the grant.
  5. The grant term must be for five years.

Source:

S.L. 2021, ch. 12, § 24, effective July 21, 2021.

50-06-43. Task force on children’s behavioral health — Membership — Duties — Reports to governor and legislative management. [Repealed]

Source:

S.L. 2017, ch. 350, § 4, effective August 1, 2017; repealed by 2019, ch. 394, § 5, effective August 1, 2019.

50-06-43.1. Children’s cabinet — Membership — Duties. [Effective through August 31, 2022]

  1. The children's cabinet is created to assess, guide, and coordinate the care for children across the state's branches of government and the tribal nations.
  2. The children's cabinet consists of the following members:
    1. The governor, or the governor’s designee;
    2. The chief justice of the supreme court, or the chief justice's designee;
    3. The speaker of the house of representatives, or the speaker’s designee;
    4. The president pro tempore of the senate, or the president pro tempore’s designee;
    5. The superintendent of public instruction, or the superintendent’s designee;
    6. The director of the committee on protection and advocacy, or the director’s designee;
    7. A representative of the tribal nations in the state, who is appointed by the governor; and
    8. Four individuals representing parents, private service providers, or other community interests, who are appointed by the governor to serve a term of two years, at the pleasure of the governor, and who are entitled to reimbursement from the department of human services for travel and lodging at the same rate as provided for state officers and employees.
  3. The chairman of legislative management, or a member of the legislative assembly appointed by the chairman of the legislative management, shall serve as the presiding officer of the cabinet. The cabinet shall meet at least quarterly. Additional meetings may be held at the discretion of the presiding officer.
  4. The children’s cabinet shall:
    1. Coordinate broad-based leadership across programs, agencies, branches of government, and tribal nations to meet the needs of children;
    2. Develop strategies to address gaps or needs regarding early care and education, medical and behavioral health, community, child welfare, and juvenile justice;
    3. Develop strategies to provide for the full continuum of care in the delivery of services, including promotion, prevention, early identification and intervention, service delivery, and recovery;
    4. Seek to engage cooperation across public and private service providers;
    5. Provide a comprehensive vision for how and where children are best served, attending to children in a respectful and relevant manner;
    6. Seek strategies to provide services to children without consideration of prior engagement with juvenile services;
    7. Provide for the active participation of consumers and providers statewide on advisory committees; and
    8. Receive information and recommendations from the department of human services, department of corrections and rehabilitation, and other state agencies.
  5. The department of human services shall provide the children’s cabinet with staffing and administrative services.

Source:

S.L. 2019, ch. 394, § 3, effective August 1, 2019; 2021, ch. 362, § 1, effective March 18, 2021; 2021, ch. 352, § 404, effective September 1, 2022.

Note.

Section 50-06-43.1 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 404 of Chapter 352, Session Laws 2021, House Bill 1247; and Section 1 of Chapter 362, Session Laws 2021, House Bill 1076.

50-06-43.1. Children’s cabinet — Membership — Duties. [Effective September 1, 2022]

  1. The children’s cabinet is created to assess, guide, and coordinate the care for children across the state’s branches of government and the tribal nations.
  2. The children’s cabinet consists of the following members:
    1. The governor, or the governor’s designee;
    2. The chief justice of the supreme court, or the chief justice’s designee;
    3. The speaker of the house of representatives, or the speaker’s designee;
    4. The president pro tempore of the senate, or the president pro tempore’s designee;
    5. The superintendent of public instruction, or the superintendent’s designee;
    6. The director of the committee on protection and advocacy, or the director’s designee;
    7. A representative of the tribal nations in the state, who is appointed by the governor; and
    8. Four individuals representing parents, private service providers, or other community interests, who are appointed by the governor to serve a term of two years, at the pleasure of the governor, and who are entitled to reimbursement from the department for travel and lodging at the same rate as provided for state officers and employees.
  3. The chairman of legislative management, or a member of the legislative assembly appointed by the chairman of the legislative management, shall serve as the presiding officer of the cabinet. The cabinet shall meet at least quarterly. Additional meetings may be held at the discretion of the presiding officer.
  4. The children’s cabinet shall:
    1. Coordinate broad-based leadership across programs, agencies, branches of government, and tribal nations to meet the needs of children;
    2. Develop strategies to address gaps or needs regarding early care and education, medical and behavioral health, community, child welfare, and juvenile justice;
    3. Develop strategies to provide for the full continuum of care in the delivery of services, including promotion, prevention, early identification and intervention, service delivery, and recovery;
    4. Seek to engage cooperation across public and private service providers;
    5. Provide a comprehensive vision for how and where children are best served, attending to children in a respectful and relevant manner;
    6. Seek strategies to provide services to children without consideration of prior engagement with juvenile services;
    7. Provide for the active participation of consumers and providers statewide on advisory committees; and
    8. Receive information and recommendations from the department of health and human services, department of corrections and rehabilitation, and other state agencies.
  5. The department shall provide the children’s cabinet with staffing and administrative services.

Source:

S.L. 2019, ch. 394, § 3, effective August 1, 2019; 2021, ch. 362, § 1, effective March 18, 2021; 2021, ch. 352, § 404, effective September 1, 2022.

50-06-43.2. Commission on juvenile justice — Reports. [Effective until September 1, 2022]

  1. The commission on juvenile justice is composed of:
    1. Three members of the house of representatives, two of whom must be selected by the majority leader of the house of representatives and one of whom must be selected by the minority leader of the house of representatives;
    2. Three members of the senate, two of whom must be selected by the majority leader of the senate and one of whom must be selected by the minority leader of the senate;
    3. The governor, or the governor’s designee;
    4. The superintendent of public instruction, or the superintendent’s designee;
    5. The executive director of the department of human services, or the executive director’s designee;
    6. The director of the department of corrections and rehabilitation’s division of juvenile services, or the director’s designee;
    7. The executive director of the Indian affairs commission, or the executive director’s designee;
    8. A director of juvenile court services, appointed by the chief justice of the supreme court;
    9. A representative from the commission on legal counsel for indigents; and
    10. The following members appointed by the governor:
      1. A state’s attorney;
      2. A representative of a children’s advocacy center; and
      3. A representative of local law enforcement.
  2. The chairman of the legislative management shall designate one of the members of the commission to serve as the presiding officer. The governor’s appointees serve at the pleasure of the governor. Excluding ex officio members, the term of a commission member is two years.
  3. The commission shall meet at least four times per year at the times and locations designated by the presiding officer. The office of the governor shall provide staffing for the commission.
  4. The commission shall:
    1. Review chapters 27-20.1, 27-20.2, 27-20.3, and 27-20.4;
    2. Gather information concerning issues of child welfare, including education, abuse, and neglect;
    3. Receive reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations, in furtherance of the commission’s duties;
    4. Advise effective intervention, resources, and services for children;
    5. Report to the children’s cabinet; and
    6. Annually submit to the governor and the legislative management a report with the commission’s findings and recommendations which may include a legislative strategy to implement the recommendations.
  5. A member of the commission who is not a state employee is entitled to reimbursement for mileage and expenses as provided by law for state officers and employees to be paid by the department of corrections and rehabilitation. A state employee who is a member of the commission is entitled to receive that employee’s regular salary and is entitled to reimbursement for mileage and expenses to be paid by the employing agency. A member of the commission who is a member of the legislative assembly is entitled to receive per diem compensation at the rate provided under section 54-35-10 for each day performing official duties of the commission. The legislative council shall pay the per diem compensation and reimbursement for travel and expenses as provided by law for any member of the commission who is a member of the legislative assembly.

Source:

S.L. 2019, ch. 394, § 4, effective August 1, 2019; 2021, ch. 245, § 37, effective July 1, 2021; 2021, ch. 363, § 1, effective August 1, 2021; 2021, ch. 352, § 405, eff September 1, 2022; Repealed by 2021, ch. 363, § 2, eff August 1, 2025.; 2021, ch. 363, § 1, effective August 1, 2021.

Note.

Section 50-06-43.2 was amended 3 times and repealed by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is treated as repealed. Section 1 of Chapter 363, Session Laws 2021, House Bill 1150; Section 405 of Chapter 352, Session Laws 2021, House Bill 1247; Section 37 of Chapter 245, Session Laws 2021, House Bill 1035; and Section 2 of Chapter 363, Session Laws 2021, House Bill 1150.

50-06-43.2. Commission on juvenile justice — Reports. [Effective September 1, 2022 – Repealed effective until July 2, 2025 [Effective September 1, 2022; Effective until July 2, 2025]

  1. The commission on juvenile justice is composed of:
    1. Three members of the house of representatives, two of whom must be selected by the majority leader of the house of representatives and one of whom must be selected by the minority leader of the house of representatives;
    2. Three members of the senate, two of whom must be selected by the majority leader of the senate and one of whom must be selected by the minority leader of the senate;
    3. The governor, or the governor’s designee;
    4. The superintendent of public instruction, or the superintendent’s designee;
    5. The executive director of the department, or the executive director’s designee;
    6. The director of the department of corrections and rehabilitation’s division of juvenile services, or the director’s designee;
    7. The executive director of the Indian affairs commission, or the executive director’s designee;
    8. A director of juvenile court services, appointed by the chief justice of the supreme court;
    9. A representative from the commission on legal counsel for indigents; and
    10. The following members appointed by the governor:
      1. A state’s attorney;
      2. A representative of a children’s advocacy center; and
      3. A representative of local law enforcement.
  2. The chairman of the legislative management shall designate one of the members of the commission to serve as the presiding officer. The governor’s appointees serve at the pleasure of the governor. Excluding ex officio members, the term of a commission member is two years.
  3. The commission shall meet at least four times per year at the times and locations designated by the presiding officer. The office of the governor shall provide staffing for the commission.
  4. The commission shall:
    1. Review chapters 27-20.1, 27-20.2, 27-20.3, and 27-20.4;
    2. Gather information concerning issues of child welfare, including education, abuse, and neglect;
    3. Receive reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations, in furtherance of the commission’s duties;
    4. Advise effective intervention, resources, and services for children;
    5. Report to the children’s cabinet; and
    6. Annually submit to the governor and the legislative management a report with the commission’s findings and recommendations which may include a legislative strategy to implement the recommendations.
  5. A member of the commission who is not a state employee is entitled to reimbursement for mileage and expenses as provided by law for state officers and employees to be paid by the department of corrections and rehabilitation. A state employee who is a member of the commission is entitled to receive that employee’s regular salary and is entitled to reimbursement for mileage and expenses to be paid by the employing agency. A member of the commission who is a member of the legislative assembly is entitled to receive per diem compensation at the rate provided under section 54-35-10 for each day performing official duties of the commission. The legislative council shall pay the per diem compensation and reimbursement for travel and expenses as provided by law for any member of the commission who is a member of the legislative assembly.

Source:

S.L. 2019, ch. 394, § 4, effective August 1, 2019; 2021, ch. 245, § 37, effective July 1, 2021; 2021, ch. 363, § 1, effective August 1, 2021; 2021, ch. 352, § 405, eff September 1, 2022; Repealed by 2021, ch. 363, § 2, eff August 1, 2025.; 2021, ch. 363, § 1, effective August 1, 2021.

50-06-43.2. Commission on juvenile justice — Reports. [Repealed effective August 1, 2025]

Source:

S.L. 2019, ch. 394, § 4, effective August 1, 2019; 2021, ch. 245, § 37, effective July 1, 2021; 2021, ch. 363, § 1, effective August 1, 2021; 2021, ch. 352, § 405, eff September 1, 2022; Repealed by 2021, ch. 363, § 2, eff August 1, 2025.; 2021, ch. 363, § 1, effective August 1, 2021.

50-06-44. Alcohol and drug education program — Rules — Fees.

The department shall adopt rules for an evidence-based alcohol and drug education program for individuals under the age of twenty-one who violate section 5-01-08. The rules must allow for the program provider to charge a fee to a participant in the program.

Source:

S.L. 2017, ch. 333, § 2, effective July 1, 2017.

CHAPTER 50-06.1 Vocational Rehabilitation

50-06.1-01. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “Department” means the North Dakota department of human services.
  2. “Division” means the vocational rehabilitation division.
  3. “Division executive director” means the director of the vocational rehabilitation division.
  4. “Rules” means rules adopted by the division executive director with the approval of the executive director of the department.

Source:

S.L. 1973, ch. 383, § 1; 1981, ch. 486, § 23.

Cross-References.

Rehabilitation services for workers’ compensation claimants, see chapter 65-05.1.

50-06.1-01. Definitions. [Effective September 1, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “Department” means the department of health and human services.
  2. “Division” means the vocational rehabilitation division.
  3. “Division executive director” means the director of the vocational rehabilitation division.
  4. “Rules” means rules adopted by the division executive director with the approval of the executive director of the department.

Source:

S.L. 1973, ch. 383, § 1; 1981, ch. 486, § 23; 2021, ch. 352, § 406, effective September 1, 2022.

50-06.1-02. Acceptance of benefits of federal acts in vocational rehabilitation — Cooperation with federal government.

The state of North Dakota hereby accepts all of the provisions and benefits of the acts of Congress of the United States to assist states to provide for the vocational rehabilitation of disabled persons in accordance with state statutes and policies of the department, and the department shall comply with such conditions as may be necessary to secure the full benefit of such acts. The department shall cooperate pursuant to agreement with the federal government in carrying out the purposes of any federal act pertaining to vocational rehabilitation and shall adopt such methods of administration as may be found by the federal government to be necessary for the proper and efficient operation of such agreement.

Source:

S.L. 1973, ch. 383, § 2.

50-06.1-03. Custody and payment of vocational rehabilitation funds.

The department is charged with the duty of administering all funds that are received from federal and state sources for vocational rehabilitation purposes. All such moneys received must be placed in the custody of the state treasurer and must be paid in accordance with legislative appropriations by the office of management and budget as directed by the division executive director.

Source:

S.L. 1973, ch. 383, § 3.

50-06.1-04. Division executive director — Duties — Relationship of division to department.

The department is responsible for vocational rehabilitation. The division executive director must be appointed in accordance with established personnel standards and on the basis of the person’s education, training, experience, and demonstrated ability. In carrying out the division executive director’s duties under this chapter, the division executive director, with the approval of the department:

  1. Shall make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility and investigation and determination thereof for vocational rehabilitation services, procedures for fair hearings, and such other regulations as the division executive director finds necessary to carry out the purposes of this chapter relating to vocational rehabilitation.
  2. Shall establish, with the approval of the department, appropriate subordinate administrative units within the division.
  3. Shall appoint, with the approval of the department, such personnel as the division executive director deems necessary for the efficient performance of the functions of the division.
  4. Shall prepare and submit to the department annual reports of activities and expenditures and, prior to each regular session of the legislative assembly, estimates of sums required for carrying out the provisions of this chapter relating to vocational rehabilitation, and estimates of the amounts to be made available for this purpose from all sources.
  5. Shall make certification for disbursement, in accordance with regulations, of funds available for vocational rehabilitation purposes.
  6. Shall take, with the approval of the department, such other action as the division executive director deems necessary or appropriate to carry out the provisions of this chapter relating to vocational rehabilitation.
  7. May delegate, with the approval of the department, to any officer or employee of the division such of the division executive director’s powers and duties, except the making of regulations and the appointment of personnel, as the division executive director finds necessary to carry out the provisions of this chapter relating to vocational rehabilitation.
  8. Shall appoint such advisory bodies with emphasis on consumer participation as deemed necessary for compliance with any federal act pertaining to vocational rehabilitation or for the proper and efficient carrying out of the duties of the division.

Source:

S.L. 1973, ch. 383, § 4; 1989, ch. 576, § 1.

50-06.1-05. Administration of vocational rehabilitation.

Except as otherwise provided by law, the department shall provide vocational rehabilitation services to disabled individuals determined by the division executive director to be eligible therefor. In carrying out the purposes of this chapter, the division, among other things, may:

  1. Cooperate with other departments, agencies, and institutions, both public and private, in providing for the vocational rehabilitation of disabled individuals, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this chapter relating to vocational rehabilitation, such programs, facilities, and services as may be necessary or desirable.
  2. Enter into reciprocal agreements with other states to provide for the vocational rehabilitation of residents of the states concerned.
  3. Conduct research and compile statistics relating to the vocational rehabilitation of disabled individuals.

Source:

S.L. 1973, ch. 383, § 5.

50-06.1-06. Rehabilitation services provided to any disabled individual — Eligibility.

Vocational rehabilitation services must be provided to any disabled individual:

  1. Whose vocational rehabilitation the division executive director determines, after full investigation, can be satisfactorily achieved; or
  2. Who is eligible therefor under the terms of an agreement with another state or with the federal government.

Source:

S.L. 1973, ch. 383, § 6.

Notes to Decisions

No Entitlement to Rehabilitation Benefits.

Worker’s compensation claimant was not entitled to rehabilitation benefits where bureau determined that program of rehabilitation was not necessary under the facts presented, and claimant did not fulfill this section’s requirement that the executive director determine whether vocational rehabilitation could be satisfactorily achieved. Froysland v. North Dakota Workers Compensation Bureau, 432 N.W.2d 883, 1988 N.D. LEXIS 233 (N.D. 1988).

50-06.1-07. Rehabilitation services provided to disabled individuals requiring financial assistance.

Except as may be otherwise provided by law or as may be specified in any agreement with another state or with the federal government, rehabilitation services must be provided at public cost to disabled individuals found to require financial assistance.

Source:

S.L. 1973, ch. 383, § 7.

50-06.1-08. Gifts — Authorization to accept and use.

The division executive director, with the approval of the department, may accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the department are proper and consistent with the provisions of this chapter may be so accepted and must be held, invested, and reinvested, and used in accordance with the conditions of the gift.

Source:

S.L. 1973, ch. 383, § 8.

50-06.1-09. Maintenance not assignable.

The right of a disabled individual to vocational rehabilitation maintenance under this chapter is not transferable or assignable at law or in equity.

Source:

S.L. 1973, ch. 383, § 9.

50-06.1-10. Hearings allowed to aggrieved persons.

Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the division is entitled, in accordance with regulations, to a fair hearing by the department.

Source:

S.L. 1973, ch. 383, § 10.

50-06.1-11. Misuse of vocational rehabilitation lists and records. [Repealed]

Repealed by S.L. 1977, ch. 451, § 2.

50-06.1-12. Limitation of political activity. [Repealed]

Repealed by S.L. 1977, ch. 420, § 3.

Note.

For present provisions, see § 44-08-19.

50-06.1-13. Division to license blind operators and operate vending facilities — Continuing appropriation of income.

The division shall act as the state licensing agency to license the operators of vending facilities on federal property within the state to the extent permitted or required by the Randolph-Sheppard Act [Pub. L. 74-732; 20 U.S.C. 107]. The division may take any action, consistent with the provisions of that Act, for the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting. If there is no blind licensee operating a vending facility on federal property, the division may operate or contract for the operation of a vending facility, provided that all income from such a vending facility is distributed in a manner consistent with the requirements of such Act. There is hereby appropriated on a continuing basis all income from vending facilities which the division operates, or contracts to operate, consistent with the requirements of such Act and the regulations and policies of the United States secretary of education, promulgated thereunder, for the purposes of:

  1. Maintenance and replacement of equipment.
  2. The purchase of new equipment.
  3. Management services.
  4. Assuring a fair minimum return to operators of vending facilities.
  5. Retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is determined by a majority vote of blind licensees licensed by the division, after the division provides to each such licensee full information on all matters relevant to such proposed program, that income should be used for such purposes.

Source:

S.L. 1987, ch. 574, § 1.

50-06.1-14. Establishment of rehabilitation teaching program — Authorization of positions.

The office of vocational rehabilitation may establish two rehabilitation teacher positions and one half-time teacher and half-time supervisor position for the rehabilitation of the blind and visually impaired. Each teacher shall provide rehabilitation teaching services that may include evaluation, counseling, adjustment training, communication, mobility, and other rehabilitation services to the blind and the visually impaired. Those services must be provided in the home of blind and visually impaired individuals, nursing homes, intermediate care facilities, senior citizen centers, and other facilities and centers in which one may find blind or visually impaired individuals. Rehabilitation teachers may provide aids and appliances, as well as assistance with meal planning, medication management, transportation needs, and recreation and social needs. Rehabilitation teachers may provide orientation to blindness instruction for those working directly with or otherwise involved in daily activities of the blind and visually impaired, including home health aids, homemakers, senior companions, staff of nursing homes and other professionals, paraprofessionals, and family members. The administrator of services for the blind and deaf in the office of vocational rehabilitation shall coordinate the activities and the services to be provided by persons employed pursuant to the provisions of this section and section 50-06.1-15.

Source:

S.L. 1989, ch. 577, § 1.

50-06.1-15. Cooperation between agencies. [Effective through August 31, 2022]

The office of vocational rehabilitation and other divisions of the department of human services shall work cooperatively to locate eligible clients and to identify and provide them with the services they require to lead a full and meaningful life.

Source:

S.L. 1989, ch. 577, § 2.

50-06.1-15. Cooperation between agencies. [Effective September 1, 2022]

The office of vocational rehabilitation and other divisions of the department shall work cooperatively to locate eligible clients and to identify and provide them with the services they require to lead a full and meaningful life.

Source:

S.L. 1989, ch. 577, § 2; 2021, ch. 352, § 407, effective September 1, 2022.

50-06.1-16. State rehabilitation council. [Effective through August 31, 2022]

  1. There is established a state rehabilitation council in accordance with section 105 of the Rehabilitation Act of 1973 [29 U.S.C. 725].
  2. The state rehabilitation council:
    1. Shall fulfill the duties outlined in section 105 of the Rehabilitation Act of 1973 [29 U.S.C. 725].
    2. Shall collaborate, coordinate, and improve employment outcomes for working-age adults with disabilities, including:
      1. Reviewing and aligning policies, procedures, eligibility, and enrollment and planning for services for individuals, with the objective of increasing opportunities for community employment for North Dakotans with disabilities.
      2. Developing cross-agency tools to document eligibility, order of selection, assessment, and planning for services for individuals with disabilities.
      3. Identifying best practices, effective partnerships, sources of available federal funds, opportunities for shared services among existing providers, and means to expand model programs to increase community employment opportunities for individuals with disabilities.
      4. Identifying and addressing areas where sufficient support is not currently available or where additional options are needed to assist individuals with disabilities to work in competitive employment in integrated settings.
      5. Establishing interagency agreements to improve coordination of services and allow for data sharing as appropriate to assist individuals with disabilities.
      6. Setting benchmarks for improving community employment outcomes and services for individuals with disabilities.
  3. The department of human services division of vocational rehabilitation shall provide the state rehabilitation council with administrative services.

Source:

S.L. 1995, ch. 458, § 4; 2003, ch. 493, § 2; 2013, ch. 373, § 2; 2017, ch. 335, § 2, effective August 1, 2017.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 373, S.L. 2013 became effective August 1, 2013.

50-06.1-16. State rehabilitation council. [Effective September 1, 2022]

  1. There is established a state rehabilitation council in accordance with section 105 of the Rehabilitation Act of 1973 [29 U.S.C. 725].
  2. The state rehabilitation council:
    1. Shall fulfill the duties outlined in section 105 of the Rehabilitation Act of 1973 [29 U.S.C. 725].
    2. Shall collaborate, coordinate, and improve employment outcomes for working-age adults with disabilities, including:
      1. Reviewing and aligning policies, procedures, eligibility, and enrollment and planning for services for individuals, with the objective of increasing opportunities for community employment for North Dakotans with disabilities.
      2. Developing cross-agency tools to document eligibility, order of selection, assessment, and planning for services for individuals with disabilities.
      3. Identifying best practices, effective partnerships, sources of available federal funds, opportunities for shared services among existing providers, and means to expand model programs to increase community employment opportunities for individuals with disabilities.
      4. Identifying and addressing areas where sufficient support is not currently available or where additional options are needed to assist individuals with disabilities to work in competitive employment in integrated settings.
      5. Establishing interagency agreements to improve coordination of services and allow for data sharing as appropriate to assist individuals with disabilities.
      6. Setting benchmarks for improving community employment outcomes and services for individuals with disabilities.
  3. The department division of vocational rehabilitation shall provide the state rehabilitation council with administrative services.

Source:

S.L. 1995, ch. 458, § 4; 2003, ch. 493, § 2; 2013, ch. 373, § 2; 2017, ch. 335, § 2, effective August 1, 2017; 2021, ch. 352, § 408, effective September 1, 2022.

CHAPTER 50-06.2 Comprehensive Human Services Programs

50-06.2-01. Purpose — Interpretation.

It is the purpose of this chapter to establish a system for planning, coordinating, and providing comprehensive human services administered by human service zones and human service centers. This chapter must be construed to effectuate the following public purposes:

  1. To help individuals or their families to achieve, maintain, or support the highest attainable level of personal independence and economic self-sufficiency.
  2. To prevent, remedy, or alleviate neglect, abuse, or exploitation of children and adults unable to protect their own interests.
  3. To provide a continuum of community-based services adequate to appropriately sustain individuals in their homes and in their communities and to delay or prevent institutional care.
  4. To preserve, rehabilitate, and reunite families.
  5. To assist in securing referral or admission of individuals to institutional care when other forms of care are not appropriate.

Source:

S.L. 1981, ch. 489, § 1; 1983, ch. 523, § 1; 1987, ch. 575, § 1; 2019, ch. 391, § 89, effective January 1, 2020.

50-06.2-02. Definitions. [Effective through August 31, 2022]

As used in this chapter:

  1. “Comprehensive human services” means services included in the comprehensive human services plan published by the state agency and human services required by state law or state agency regulation or federal law or regulation as a condition for the receipt of federal financial participation in programs administered under the provisions of this title.
  2. “Family home care” means the provision of room, board, supervisory care, and personal services to an eligible elderly or disabled person by the spouse or by one of the following relatives, or the current or former spouse of one of the following relatives, of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew. The family home care provider need not be present in the home on a twenty-four-hour basis if the welfare and safety of the client is maintained.
  3. “Human service center” means a regional center established under section 50-06-05.3.
  4. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the state agency.
  5. “Human service zone plan” means the human service zone plan required by section 50-06.2-04.
  6. “Human services” means:
    1. A service or assistance provided to an individual or an individual’s family in need of services or assistance, including child welfare services, economic assistance programs, medical service programs, and aging service programs, to assist the individual or the individual’s family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing.
    2. A service or assistance provided, administered, or supervised by the department in accordance with chapter 50-06.
    3. Licensing duties as administered or supervised by the department or delegated by the department to a human service zone.
  7. “Qualified service provider” means a human service zone or independent contractor which agrees to meet standards for service and operations established by the state agency.
  8. “State agency” means the department of human services.

Source:

S.L. 1981, ch. 489, § 2; 1983, ch. 82, § 96; 1983, ch. 523, § 2; 1987, ch. 575, § 2; 1989, ch. 578, §§ 1, 2; 1995, ch. 456, § 20; 2019, ch. 391, § 90, effective January 1, 2020.

50-06.2-02. Definitions. [Effective September 1, 2022]

As used in this chapter:

  1. “Comprehensive human services” means services included in the comprehensive human services plan published by the state agency and human services required by state law or state agency regulation or federal law or regulation as a condition for the receipt of federal financial participation in programs administered under the provisions of this title.
  2. “Family home care” means the provision of room, board, supervisory care, and personal services to an eligible elderly or disabled person by the spouse or by one of the following relatives, or the current or former spouse of one of the following relatives, of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew. The family home care provider need not be present in the home on a twenty-four-hour basis if the welfare and safety of the client is maintained.
  3. “Human service center” means a regional center established under section 50-06-05.3.
  4. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the state agency.
  5. “Human service zone plan” means the human service zone plan required by section 50-06.2-04.
  6. “Human services” means:
    1. A service or assistance provided to an individual or an individual’s family in need of services or assistance, including child welfare services, economic assistance programs, medical service programs, and aging service programs, to assist the individual or the individual’s family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing.
    2. A service or assistance provided, administered, or supervised by the department in accordance with chapter 50-06.
    3. Licensing duties as administered or supervised by the department or delegated by the department to a human service zone.
  7. “Qualified service provider” means a human service zone or independent contractor which agrees to meet standards for service and operations established by the state agency.
  8. “State agency” means the department of health and human services.

Source:

S.L. 1981, ch. 489, § 2; 1983, ch. 82, § 96; 1983, ch. 523, § 2; 1987, ch. 575, § 2; 1989, ch. 578, §§ 1, 2; 1995, ch. 456, § 20; 2019, ch. 391, § 90, effective January 1, 2020; 2021, ch. 352, § 409, effective September 1, 2022.

50-06.2-03. Powers and duties of the state agency.

The state agency has the following powers or duties under this chapter:

  1. To act as the official agency of the state in the administration of the human services programs for individuals and families in conformity with state and federal requirements.
  2. To prepare, at least biennially, a comprehensive human services plan which must:
    1. Include human services determined essential in effectuating the purposes of this chapter.
    2. Detail the human services identified by the state agency for provision by human service centers and the services which the human service zones make available in approved human service zone plans as a condition for the receipt of any funds allocated or distributed by the state agency.
  3. To make available, through human service zone or human service centers, any or all of the services set out in the comprehensive human services plan on behalf of those individuals and families determined to be eligible for those services under criteria established by the state agency.
  4. To supervise and direct the comprehensive human services administered by human service zone and human service centers through standard-setting, technical assistance, approval of human service zone and regional plans, preparation of the comprehensive human services plan, evaluation of comprehensive human services programs, and distribution of public money for services.
  5. Within the limits of legislative appropriations and at rates determined payable by the state agency, to pay qualified service providers, which meet standards for services and operations, for the provision of the following services as defined in the comprehensive human services plan which are provided to individuals who, on the basis of functional assessments, income, and resources, are determined eligible for the services in accordance with rules adopted by the state agency:
    1. Homemaker services;
    2. Chore services;
    3. Respite care;
    4. Home health aide services;
    5. Case management;
    6. Family home care;
    7. Personal attendant care;
    8. Adult family foster care; and
    9. Such other services as the state agency determines to be essential and appropriate to sustain individuals in their homes and in their communities and to delay or prevent institutional care.
  6. To take actions, give directions, and adopt rules as necessary to carry out the provisions of this chapter.

For purposes of this chapter, resources do not include the individual’s primary home and the first fifty thousand dollars of liquid assets.

Source:

S.L. 1981, ch. 489, § 3; 1983, ch. 82, § 97; 1983, ch. 523, § 3; 1987, ch. 575, § 3; 1989, ch. 578, § 3; 2003, ch. 410, § 1; 2019, ch. 391, § 91, effective January 1, 2020.

Notes to Decisions

Social Service Rulemaking.

Social service benefits were properly denied to petitioner where the petitioner smoked and lived in the same household in which her husband used an oxygen tank to breathe because the petitioner’s smoking was a “contraindicated practice” that could threaten the health or safety of clients, service providers, or others. The social services department was not unreasonable in concluding that the petitioner’s smoking was a contraindicated practice, and it did not exceed its authority by defining “contraindicated practices.” Martin v. Stutsman County Soc. Servs., 2005 ND 117, 698 N.W.2d 278, 2005 N.D. LEXIS 133 (N.D. 2005).

50-06.2-04. Powers and duties of human service zones.

Each human service zone has the following powers and duties under this chapter:

  1. To administer comprehensive human services for individuals and families at the human service zone level in conformity with state and federal requirements under the direction and supervision of the state agency.
  2. To publish and provide to the state agency a human service zone plan that must include the following:
    1. A statement of the goals of human service zone human services in the human service zone.
    2. Methods used to identify persons in need of services and the social problems to be addressed by the human service zone human services.
    3. A description of each human service zone human services proposed and identification of the agency or person proposed to provide the service.
    4. The amount of money proposed to be allocated to each service.
    5. An agreement to make available those human services required by state law and by federal law or regulation as a condition for the receipt of federal financial participation in programs administered by human service zones under the provisions of this title.
  3. To make available the human services detailed in the comprehensive human service zone plan which the human service zone has included in the approved human service zone plan and to provide such other human services as the human service zone determines essential in effectuating the purposes of this chapter within the human service zone. To the extent funding is available under section 50-06.2-03 and chapter 50-24.1, the human service zone plan must include the services enumerated in those sections. The human service zone shall make these services available to any individual requesting service and determined eligible on the basis of a functional assessment conducted in accordance with state and federal laws and regulations. The individual shall pay for the services in accordance with a fee scale based on family size and income. The human service zone may contract with any qualified service provider in its provision of those enumerated services.
  4. To submit annually to the board of county commissioners a budget, approved by the state agency, containing an estimate and supporting data, setting forth the funds needed to carry out the provisions of this chapter.

The date of submission of the human service zone plan to the state agency must be determined so that the plan is coordinated with the proposed and final comprehensive human service zone plan.

Source:

S.L. 1981, ch. 489, § 4; 1983, ch. 523, § 4; 1987, ch. 575, § 4; 1989, ch. 578, § 4; 2017, ch. 341, § 7, effective August 1, 2017; 2019, ch. 391, § 92, effective January 1, 2020.

50-06.2-05. County human services program funding — Tax levy authority — Financial report. [Repealed]

Source:

S.L. 1981, ch. 489, § 5; 1983, ch. 523, § 5; 1989, ch. 579, § 1; 1991, ch. 504, § 10; 2015, ch. 92, § 19, effective January 1, 2016; 2015, ch. 439, § 66, effective January 1, 2015; 2017, ch. 341, § 16, effective January 1, 2017; repealed by 2019, ch. 391, § 138, effective July 1, 2019.

50-06.2-05.1. County share of service payments to elderly and disabled. [Repealed]

Source:

S.L. 1993, ch. 2, § 16; Repealed by 2015, ch. 329, § 11, effective for taxable years beginning after December 31, 2015.

50-06.2-06. Freedom of choice.

Each person eligible for services under this chapter, or the person’s representative, must be free to choose among available qualified service providers that offer competitively priced services. The human service zone shall inform each eligible applicant for services, provided under this chapter, of the identity of qualified service providers available to provide the service required by the applicant. The human service zone shall make and document reasonable efforts to inform potential service providers of the anticipated need for services in the human service zone.

Source:

S.L. 1989, ch. 578, § 5; 2019, ch. 391, § 93, effective January 1, 2020.

50-06.2-07. Disqualifying transfers.

An individual is not eligible to receive benefits under this chapter if, at any time before or after making application, the individual or the individual’s spouse has made any assignment or transfer of any asset for the purpose of making that individual eligible for the benefits. Assignment or transfer includes any action or failure to act that effects a transfer, renunciation, or disclaimer of any asset or interest in an asset that the individual might otherwise assert or have asserted, or which serves to reduce the amount that an individual might otherwise claim from a decedent’s estate, a trust or similar device, or another individual obligated by law to furnish support.

Source:

S.L. 2003, ch. 410, § 2.

50-06.2-08. Service payments for elderly and disabled — Independent home and community-based services case manager — Pilot program. [Expired]

Source:

S.L. 2013, ch. 374, § 1; Expired under S.L. 2013, ch. 374, § 4.

50-06.2-09. Medical assistance home and community-based services — Independent home and community-based services case manager — Pilot program. [Expired]

Source:

S.L. 2013, ch. 374, § 2; Expired under S.L. 2013, ch. 374, § 4.

50-06.2-10. Service payments for elderly and disabled program eligibility.

  1. The state agency may not require an individual to apply for services under chapter 50-24.1 as a condition of being eligible to apply for services under the service payments for elderly and disabled program:
    1. If the individual’s estimated monthly home and community-based services benefits, excluding the cost of case management, are between the income level established in section 50-24.1-02.6 and the lowest level of the fee schedule for services under this chapter; or
    2. If the individual is receiving a service that is not available under chapter 50-24.1.
  2. The home and community-based services case manager shall notify the state agency upon use of an exception authorized under subsection 1.
  3. An overpayment, whether resulting from an eligible individual’s or eligible individual’s legal representative’s concealment, misrepresentation, or fraud, or from assistance granted pending a decision on an appeal adverse to the appellant, and whenever made, is subject to recovery by the state agency. An overpayment may be collected from any person that benefited from, or that was responsible for, the overpayment. A statute of limitations or similar statute or the doctrine of laches does not bar a claim under this chapter.

History. S.L. 2015, ch. 333, § 1, effective August 1, 2015; 2017, ch. 336, § 1, effective August 1, 2017.

Effective Date.

This section became effective August 1, 2015.

50-06.2-11. Service payments for elderly and disabled sliding fee schedule.

The department shall establish annually a sliding fee schedule based on family size and income to determine a recipient’s participation fee percentage for services received through the service payments for elderly and disabled program.

Source:

S.L. 2019, ch. 399, § 1, effective July 1, 2019.

CHAPTER 50-06.3 Fees and Expenses

50-06.3-01. Definitions.

As used in this chapter, “department” means the department of human services, including the state hospital.

Source:

S.L. 1985, ch. 527, § 7.

50-06.3-02. Fees for services at regional centers.

The department may charge and collect fees and expenses for services provided through its regional human service centers, and may authorize charging of fees for child support services. The department may establish fee scales which recognize the service recipient’s or responsible relative’s ability to pay. The department shall adopt such rules as are necessary to implement this chapter and to define terms used in this chapter.

Source:

S.L. 1985, ch. 527, § 7.

DECISIONS UNDER PRIOR LAW

Analysis

Amount of Tax Levy.

The charge by this state against a county for the institutional care of the county’s insane, feeble-minded, and tubercular patients is a charge for a general county purpose and must be included in the aggregate amount for which taxes are levied, subject to the statutory limitation for general county purposes. State ex rel. Strutz v. Sheridan County, 70 N.D. 428, 295 N.W. 487, 1940 N.D. LEXIS 190 (N.D. 1940).

Law Applicable.

Responsibility for care and maintenance of indigent insane persons is to be determined by the law fixing responsibility for the care and maintenance of indigents who are not insane. Eddy County v. Wells County, 68 N.D. 394, 280 N.W. 667, 1938 N.D. LEXIS 123 (N.D. 1938).

Overpayment for Nonresident.

Where district court held on appeal from state auditor that person was not a resident of county, but the county had failed to plead the amount of overpayment for such person, such court could not give judgment to county for amount of overpayment. Traill County v. State, 42 N.D. 253, 172 N.W. 782, 1919 N.D. LEXIS 137 (N.D. 1919).

50-06.3-03. Fees and expenses chargeable against patients.

Expenses for care and treatment of each patient at the state hospital must be in accordance with the cost of providing care and treatment for the different degrees or conditions of mental and physical health and charges may be adjusted in accordance with the patient’s or other responsible party’s ability to pay which must include an estimate of potential future receipts including amounts from estates. The department shall recover expenses charged for care and treatment. The department may not recover expenses under this chapter for care and treatment of a patient transferred to the state hospital from a jail or regional corrections center. If any patient is receiving social security benefits or is a veteran who has received, is receiving, or is entitled to receive compensation or pension from the veterans’ administration, the expenses are a current claim against the patient and may be recovered monthly by the department except that any amount required by the payor of the benefits to be paid directly to the patient must be credited to the patient’s personal account from any money thus received.

Source:

S.L. 1985, ch. 527, § 7; 1987, ch. 325, § 8.

DECISIONS UNDER PRIOR LAW

County Liable for Medical Expenses.

County, and not patient, was liable to assignee of state hospital claim for care and treatment furnished patient where commitment to the hospital was involuntary and pursuant to court order, patient was a prisoner in custody of the sheriff when he was committed to the hospital and received treatment, and at the time of the commitment and treatment there was in force a statute and a rule promulgated by the district court of the county pursuant to such statute, that when read together, required the county, as committing agency, to pay medical expenses of prisoners. Hospital Servs. v. Dumas, 297 N.W.2d 320, 1980 N.D. LEXIS 284 (N.D. 1980).

50-06.3-04. Liability for payment.

The recipient, patient, recipient’s or patient’s estate, and recipient’s or patient’s spouse are liable for fees and expenses for services rendered by the department, through its regional human service centers, and for care and treatment expenses charged at the state hospital. The parents of a recipient or patient are responsible for services, care, and treatment provided prior to the eighteenth birthday of the recipient or patient.

Source:

S.L. 1985, ch. 527, § 7; 1987, ch. 325, § 9.

Notes to Decisions

Disabled Adult.

Trust assets of a discretionary trust were not available assets for purposes of medicaid eligibility of a disabled adult, in part, because the disabled adult had no legal ability to compel distributions from the trust because the trustee had absolute discretion over any and all payments to the disabled adult and because under N.D.C.C. 50-06.3-04, the creator of the trust, the disabled adult’s mother, had no duty to support her son when she created the trust since her son was over the age of eighteen. Hecker v. Stark County Social Serv. Bd., 527 N.W.2d 226, 1994 N.D. LEXIS 270 (N.D. 1994).

DECISIONS UNDER PRIOR LAW

Constitutionality.

Former section 25-09-04, as it existed prior to the 1971 amendment, as it related to the responsibility of children to pay for their parents’ care at the state hospital resulting from an involuntary commitment, was a denial of the equal protection of the laws and unconstitutional as a violation of the state constitution. Hospital Servs. v. Brooks, 229 N.W.2d 69, 1975 N.D. LEXIS 192 (N.D. 1975).

Classification inherent in former section 25-09-04 prior to its 1971 amendment, making adult child responsible for payment for parent’s care upon involuntary commitment to state hospital, was arbitrary and oppressive, and violated the state Constitution. Hospital Servs. v. Brooks, 229 N.W.2d 69, 1975 N.D. LEXIS 192 (N.D. 1975).

Contract with Father.

Where state school accepted a child for care and maintenance pursuant to his father’s application, a contract was established between the father and the school; and where the county paid for such care over a period of years, a claim filed by the county against the estate of the father after his decease was a claim arising upon contract within the meaning of former probate statute. Reith v. County of Mountrail, 104 N.W.2d 667, 1960 N.D. LEXIS 81 (N.D. 1960).

Parents Not Liable.

State hospital was barred as a matter of law from collecting from the parents of a patient the cost of care and treatment provided after July 1, 1971, where the patient was 26 years of age on that date. State ex rel. State Hosp. v. Hintz, 281 N.W.2d 564, 1979 N.D. LEXIS 273 (N.D. 1979).

50-06.3-05. Handicapped patients — Limitation.

Notwithstanding any other provision of this chapter, no handicapped patient under twenty-one years of age or the estate or the parent of such patient may be charged for educational or related services provided at the state hospital. However, the department has prior claim on all benefits accruing to such patients for medical and medically related services under entitlement from the federal government, medical or hospital insurance contracts, workforce safety and insurance, or medical care and disability provisions of programs administered by the department. For the purposes of this section, “related services” means transportation and such developmental, corrective, and other supportive services, as determined by the department of public instruction, as are required to assist a handicapped patient to benefit from special education. The cost of related services, other than medical and medically related services, must be paid by the state hospital, the school district of residence of the handicapped child, and other appropriate state agencies and political subdivisions of this state. The department of public instruction, the department, the school district of residence, and other appropriate state agencies and political subdivisions, as determined by the department of public instruction, shall determine and agree to that portion of related services, other than medical and medically related services, for which each such agency and political subdivision shall be liable. The department of public instruction may adopt rules necessary to implement this section.

Source:

S.L. 1985, ch. 527, § 7; 1989, ch. 69, § 54; 2003, ch. 561, § 3.

50-06.3-06. Application for waiver of fees and expenses — Review procedure.

  1. Any person liable for the expenses of care and treatment at the state hospital may make application to the department to pay less than the expenses charged. The application must be accompanied by proof of the applicant’s inability to pay. Any person who seeks relief from the payment of expenses for services provided by the state hospital shall do so with the understanding that the department may verify any statement made in such application by a request for information from financial institutions, including commercial banks. Notwithstanding the provisions of section 57-38-57, this verification may include a review of the applicant’s state income tax return or any other document or report submitted to or held by any office or department of the state of North Dakota, or any of its political subdivisions.
  2. Upon receipt of an application made pursuant to subsection 1, the department shall direct the county social service board of the applicant’s county of residence to determine the applicant’s ability to pay all, a portion, or none of the expenses charged. The department shall approve, reject, or amend the determination made by the county social service board. The determination made by the department may be appealed to the district court of the applicant’s county of residence.

Source:

S.L. 1985, ch. 527, § 7.

DECISIONS UNDER PRIOR LAW

Determination of Ability to Pay.

Determination of ability to pay is a prerequisite to the execution of a judgment or the collection of an account for care and treatment when ability to pay has been brought into issue by patient’s request for relief due to inability to pay; however, determination of ability to pay is not required before state hospital can start collection proceedings when patient has not filed for relief, nor is such determination required as a prerequisite to ascertaining liability for an account even when patient has filed for such relief. Hospital Servs. v. Brackey, 283 N.W.2d 174, 1979 N.D. LEXIS 289 (N.D. 1979).

Determination of patient’s inability to pay does not discharge his liability for the cost of care and treatment provided and is not a valid defense to an action seeking a judgment for such care and treatment; however, such a determination may serve as a defense to or means of staying execution of such judgment. Hospital Servs. v. Brackey, 283 N.W.2d 174, 1979 N.D. LEXIS 289 (N.D. 1979).

The provisions requiring the state hospital to process an application of inability to pay are mandatory. Hospital Servs. v. Brackey, 283 N.W.2d 174, 1979 N.D. LEXIS 289 (N.D. 1979).

Patient is required to take positive action by filing an application for relief from payment of hospital care and treatment before state hospital need make a determination of ability or inability to pay. Hospital Servs. v. Brackey, 283 N.W.2d 174, 1979 N.D. LEXIS 289 (N.D. 1979).

50-06.3-07. Claims against the estate of recipients or patients.

Claims for fees and expenses charged by the state under this chapter may be filed by the department against the estate of a person liable for the fees and expenses at any time prior to the final distribution of the estate with the same priority as claims of general creditors which are filed against the estates of decedents. Any claim denied or rejected by a personal representative must clearly state, in a written notice to the department, the reason for denial or rejection. Every personal representative, upon the granting of letters of administration or testamentary, shall, at the time that publication of notice to creditors is made, forward to the department a copy of the petition or application commencing probate, heirship proceedings, or joint tenancy tax clearance proceedings in the respective district court, together with a list of the names of the legatees, devisees, surviving joint tenants, and heirs at law of the estate. If no notice is required by the proceedings, the personal representative shall forward to the department a copy of the petition or application commencing the proceedings, together with a list of the names of the legatees, devisees, surviving joint tenants, and heirs at law of the estate. Unless a properly filed claim of the department is paid in full, the personal representative shall provide to the department a statement of assets and disbursements.

Source:

S.L. 1985, ch. 527, § 7; 1991, ch. 326, § 178.

50-06.3-08. Reduction or writeoff of accounts — Reports required.

The department may authorize the reduction or writing off of a recipient’s or patient’s past-due account from the department’s financial records upon making a determination that the account is not collectible. The department, by September first after the close of each fiscal year, shall present a detailed report to the legislative audit and fiscal review committee on the status of accounts receivable for that fiscal year. The report must include:

  1. An aging by recipient classification of accounts remaining unpaid.
  2. The amounts by recipient classification by which accounts were reduced or written off for reasons other than payment during that fiscal year.

Source:

S.L. 1985, ch. 527, § 7; 1995, ch. 272, § 2.

50-06.3-09. Expenses chargeable against guardianship estate of patient — Restrictions.

The expenses chargeable by the state for the care and treatment of any patient at the state hospital must be charged against the guardianship estate of the patient, if the patient has an estate, subject to the following restrictions:

  1. No part of the estate may be taken if the patient has dependents within the United States dependent upon the estate for support and the taking of all or a portion of the estate would result in undue hardship to those dependents.
  2. No real property belonging to the estate may be sold during the lifetime of the patient except for the maintenance and support of the patient’s dependents, unless it is shown that the sale of the property will not result in undue hardship to those dependents, and it may be sold only upon the order of the district court having jurisdiction of the estate, with the consent of the department.
  3. No personal property belonging to the estate may be sold within five years from the date upon which the patient was sent to the institution unless the property is ordered sold by the district court having jurisdiction of the estate for the reason that the property is likely to deteriorate in value during the time herein specified.

If any real or personal property is sold pursuant to this section, the district court shall order the proceeds of the sale to be invested safely for the benefit of the patient or to be used for the support and maintenance of the patient’s dependents or used to pay the costs of care and treatment of the patient.

Source:

S.L. 1985, ch. 527, § 7; 1987, ch. 325, § 10; 1991, ch. 326, § 179.

DECISIONS UNDER PRIOR LAW

Divorce.

In granting divorce to wife of insane husband, court did not commit error in leaving a portion of the property in the husband’s name, because his estate could be charged with the expense of his treatment and maintenance in state hospital. Ellefson v. Ellefson, 48 N.D. 415, 184 N.W. 990, 1921 N.D. LEXIS 57 (N.D. 1921).

50-06.3-10. State’s attorneys or attorney general to bring action for expenses — Contract for collections.

  1. Upon the request of the department to a state’s attorney or the attorney general, in regard to fees and expenses charged pursuant to this chapter, the state’s attorney or the attorney general shall bring an action against the person or estate liable for the fees and expenses for the payment of the amount due the state.
  2. The department is permitted to contract with collection agencies for the collection of amounts due the state under this chapter.

Source:

S.L. 1985, ch. 527, § 7.

Notes to Decisions

Collection Agency.

The fact that the state hospital assigned patient’s account to a collection agency did not operate to interfere with the legislative mandate contained in section 50-06.3-11. Hospital Servs. v. Farnsworth, 393 N.W.2d 446, 1986 N.D. LEXIS 406 (N.D. 1986).

50-06.3-11. Statute of limitations not bar to recovery.

No statute of limitations or similar statute or the doctrine of laches shall bar the right of recovery for fees and expenses under this chapter, but this section does not apply to claims that may be otherwise barred by law prior to July 1, 1961. It is not necessary to bill currently any person for those accounts determined to be inactive, or currently uncollectible, or for which it has been determined as provided by law that there is no present ability to pay. Current billings must be made for amounts chargeable by law or for which it has been determined the patient or responsible relative presently has an ability to pay, but the manner of billing shall in no way affect the total amount due.

Source:

S.L. 1985, ch. 527, § 7.

Notes to Decisions

Collection Agency.

The fact that the state hospital assigned patient’s account to a collection agency did not operate to interfere with the legislative mandate contained in this section. Hospital Servs. v. Farnsworth, 393 N.W.2d 446, 1986 N.D. LEXIS 406 (N.D. 1986).

Exclusion of State Hospital Claims from Limitations.

Under former section 25-09-09 and this section, the legislature specifically excluded statutes of limitations from barring claims brought by the state hospital to recover for expenses incurred for the care and treatment of its patients. Hospital Servs. v. Farnsworth, 393 N.W.2d 446, 1986 N.D. LEXIS 406 (N.D. 1986).

50-06.3-12. Interest not to accrue on uncollected claims.

Rights existing and vested or instruments executed under sections 50-24-13, 50-24-15, 50-24-30, 50-24-33, 50-24-34, and 50-24-38 prior to July 1, 1979, continue to be effective until their expiration according to their own terms or by force of law. Interest not already collected may not accrue on the principal amount of those claims.

Source:

S.L. 2001, ch. 422, § 1.

CHAPTER 50-06.4 Traumatic Brain Injuries

50-06.4-01. Definitions. [Effective through August 31, 2022]

As used in this chapter:

  1. “Brain injury” means damage to the brain or the coverings of the brain which produces an altered mental state and results in a decrease in cognitive, behavioral, emotional, or physical functioning. The term does not include an insult of a degenerative or congenital nature.
  2. “Department” means the department of human services.

Source:

S.L. 1993, ch. 475, § 1; 2015, ch. 334, § 1, effective August 1, 2015; 2019, ch. 400, § 1, effective August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 334, S.L. 2015 became effective August 1, 2015.

50-06.4-01. Definitions. [Effective September 1, 2022]

As used in this chapter:

  1. “Brain injury” means damage to the brain or the coverings of the brain which produces an altered mental state and results in a decrease in cognitive, behavioral, emotional, or physical functioning. The term does not include an insult of a degenerative or congenital nature.
  2. “Department” means the department of health and human services.

Source:

S.L. 1993, ch. 475, § 1; 2015, ch. 334, § 1, effective August 1, 2015; 2019, ch. 400, § 1, effective August 1, 2019; 2021, ch. 352, § 410, effective September 1, 2022.

50-06.4-02. Department to be lead agency — Cooperation of other agencies — Joint meeting. [Effective through August 31, 2022]

The department shall act as lead agency in the state for the purpose of coordinating services to individuals with brain injury. At least annually the department shall call a joint meeting of the adjutant general, the state department of health, the department of veterans’ affairs, and the superintendent of public instruction to discuss the provision of services to individuals with brain injury. State agencies and political subdivision agencies shall cooperate with the department to permit the department to efficiently coordinate services to individuals with brain injury while avoiding duplication of services. Neither this chapter, nor any activity undertaken by the department under this chapter, may be construed as creating a right to any benefit or service not specifically required to be granted as a condition of the receipt of grants of federal funds.

Source:

S.L. 1993, ch. 475, § 2; 2009, ch. 418, § 4; 2015, ch. 334, § 2, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 334, S.L. 2015 became effective August 1, 2015.

The 2009 amendment of this section by section 4 of chapter 418, S.L. 2009 became effective July 1, 2009.

50-06.4-02. Department to be lead agency — Cooperation of other agencies — Joint meeting. [Effective September 1, 2022]

The department shall act as lead agency in the state for the purpose of coordinating services to individuals with brain injury. At least annually the department shall call a joint meeting of the adjutant general, the department of veterans’ affairs, and the superintendent of public instruction to discuss the provision of services to individuals with brain injury. State agencies and political subdivision agencies shall cooperate with the department to permit the department to efficiently coordinate services to individuals with brain injury while avoiding duplication of services. Neither this chapter, nor any activity undertaken by the department under this chapter, may be construed as creating a right to any benefit or service not specifically required to be granted as a condition of the receipt of grants of federal funds.

Source:

S.L. 1993, ch. 475, § 2; 2009, ch. 418, § 4; 2015, ch. 334, § 2, effective August 1, 2015; 2021, ch. 352, § 411, effective September 1, 2022.

50-06.4-03. Department may submit plans — Seek waivers.

The department may submit state plans and amendments to state plans, concerning programs administered under this title, to carry out this chapter. The department may seek appropriate waivers of the requirements of federal statutes or regulations as authorized by federal law.

Source:

S.L. 1993, ch. 475, § 3.

50-06.4-04. Authority to accept and expend grants, gifts, and services.

The department may apply for and accept any funds, grants, gifts, or services made available for the purpose of providing or coordinating services to individuals with brain injury by any federal agency or department or any private agency or individual. Funds received by the department under this section must be deposited in the state treasury in a special fund designated as the brain injury fund and may be spent within the limits of legislative appropriation.

Source:

S.L. 1993, ch. 475, § 4; 1997, ch. 445, § 1; 2015, ch. 334, § 3, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 334, S.L. 2015 became effective August 1, 2015.

50-06.4-05. Brain injury — Prevention and identification activities.

The department shall provide outreach services and conduct public awareness efforts regarding the prevention and identification of brain injury.

Source:

S.L. 2009, ch. 418, § 1; 2015, ch. 334, § 4, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 334, S.L. 2015 became effective August 1, 2015.

This section became effective July 1, 2009.

50-06.4-06. Brain injury — Services and activities — Acceptance of moneys.

The department may accept and expend moneys from any public or private source, including federal sources, for any purpose involving brain injuries or the provision of services to individuals with brain injury and their families.

Source:

S.L. 2009, ch. 418, § 2; 2015, ch. 334, § 5, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 334, S.L. 2015 became effective August 1, 2015.

This section became effective July 1, 2009.

50-06.4-07. Brain injury — Informal supports — Contracts — Exemption.

  1. The department shall contract with public or private entities for the provision of informal supports to individuals with brain injury. As used in this section, “informal supports” includes information sharing and referral services, peer mentoring, training, facilitation of support groups, public awareness efforts, and individual and programmatic advocacy efforts.
  2. Any entity contracting with the department under this section must:
    1. Demonstrate expertise in serving and enhancing the quality of life for individuals with brain injury;
    2. Agree to work in cooperation with the department, case managers, and veterans’ service officers; and
    3. Agree to consult with veterans and other individuals having brain injury, their families, and their caregivers.
  3. The department is exempt from complying with chapter 54-44.4 with respect to contracting for the provision of informal supports under this section.

Source:

S.L. 2009, ch. 418, § 3; 2015, ch. 334, § 6, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 6 of chapter 334, S.L. 2015 became effective August 1, 2015.

This section became effective July 1, 2009.

50-06.4-08. Social and recreational services.

The department shall provide or contract for the provision of social and recreational services, including day supports, to individuals with brain injury, if the department determines that available vocational rehabilitative services do not meet the individuals’ needs.

Source:

S.L. 2009, ch. 418, § 5; 2015, ch. 334, § 7, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 7 of chapter 334, S.L. 2015 became effective August 1, 2015.

This section became effective July 1, 2009.

50-06.4-09. Vocational rehabilitation and consultation.

The department shall provide or contract for the provision of increased and specialized vocational rehabilitation and consultation to individuals with brain injury who receive case management for personal care services. Services under this section include extended support for individuals at risk of losing their employment upon exhausting their vocational services.

Source:

S.L. 2009, ch. 418, § 6; 2015, ch. 334, § 8, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 8 of chapter 334, S.L. 2015 became effective August 1, 2015.

This section became effective July 1, 2009.

50-06.4-10. Brain injury advisory council. [Effective through August 31, 2022]

  1. The governor shall appoint at least five, but no more than nine, voting members to serve on the brain injury advisory council. The governor may make appointments under this subsection so a majority of the total voting members appointed under subsections 1 and 2 are brain injury survivors and family members of brain injury survivors. The members appointed by the governor must consist of the following:
    1. At least one brain injury survivor, nominated by the council;
    2. At least one family member of a brain injury survivor, nominated by the council;
    3. At least one service provider who provides services to brain injury survivors, nominated by the council, who may be a brain injury survivor or a family member of a brain injury survivor;
    4. An individual representing the Indian affairs commission, nominated by the Indian affairs commission, who may be a brain injury survivor or a family member of a brain injury survivor; and
    5. At least one individual representing a religious, charitable, fraternal, civic, educational, legal, veteran, welfare, or professional group or organization, who may be a brain injury survivor or a family member of a brain injury survivor.
  2. The speaker of the house of representatives shall appoint one member of the house of representatives and the president pro tempore of the senate shall appoint one member of the senate to serve as members of the council. Each legislative member of the council is entitled to receive compensation from the legislative council for each day spent in meetings of the council and for reimbursement for related travel and other necessary expenses in the amounts provided by law for other state officers.
  3. Each of the following entities shall appoint a representative to serve as a nonvoting member of the council who serves at the pleasure of the appointing entity:
    1. Protection and advocacy project, one representative;
    2. State department of health, one individual representing injury prevention and one representative representing emergency medical services and trauma;
    3. Department of human services, one individual representing behavioral health, one individual representing Medicaid, and one individual representing vocational rehabilitation; and
    4. Department of public instruction, one representative.
  4. The governor may appoint an individual representing stroke health to serve as a nonvoting member of the council who serves at the pleasure of the governor.
  5. A voting advisory council member appointed by the governor may not serve more than two consecutive four-year terms on the council.
  6. A council member appointed under subdivision a or b of subsection 1 is entitled to receive from the department reimbursement for expenses as provided by law for state officers and per diem compensation as determined by the department if the member is attending meetings or performing duties directed by the council.
  7. The council shall elect a chairman and vice chairman from the voting membership of the council and shall elect a secretary from the voting or nonvoting membership of the council. The council shall meet quarterly. A majority of the voting members of the council constitutes a quorum. The council shall adopt bylaws.
  8. The council shall advise the department and shall participate in activities to improve the quality of life for an individual with brain injury and the individual’s family through brain injury awareness, prevention, research, education, collaboration, support services, and advocacy.
  9. The department shall contract with a private, nonprofit agency that does not provide brain injury services, to facilitate and provide support services to the council.

Source:

S.L. 2017, ch. 337, § 1, effective August 1, 2017; 2019, ch. 37, § 5, effective July 1, 2019; 2021, ch. 364, § 1, effective August 1, 2021; 2021, ch. 352, § 412, effective September 1, 2022.

Note.

Section 2 of chapter 337, S.L. 2017 provides, “ APPLICATION. The governor shall stagger the initial terms of the brain injury advisory council so approximately half of the initial appointments made by the governor serve two-year terms and the remainder of the initial appointments serve four-year terms. For the initial appointments to the advisory council, the department of human services shall submit nominees in place of the council.”

Note. Section 50-06.4-10 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 412 of Chapter 352, Session Laws 2021, House Bill 1247; and Section 1 of Chapter 364, Session Laws 2021, Senate Bill 2039.

50-06.4-10. Brain injury advisory council. [Effective September 1, 2022]

  1. The governor shall appoint at least five, but no more than nine, voting members to serve on the brain injury advisory council. The governor may make appointments under this subsection so a majority of the total voting members appointed under subsections 1 and 2 are brain injury survivors and family members of brain injury survivors. The members appointed by the governor must consist of the following:
    1. At least one brain injury survivor, nominated by the council;
    2. At least one family member of a brain injury survivor, nominated by the council;
    3. At least one service provider who provides services to brain injury survivors, nominated by the council, who may be a brain injury survivor or a family member of a brain injury survivor;
    4. An individual representing the Indian affairs commission, nominated by the Indian affairs commission, who may be a brain injury survivor or a family member of a brain injury survivor; and
    5. At least one individual representing a religious, charitable, fraternal, civic, educational, legal, veteran, welfare, or professional group or organization, who may be a brain injury survivor or a family member of a brain injury survivor.
  2. The speaker of the house of representatives shall appoint one member of the house of representatives and the president pro tempore of the senate shall appoint one member of the senate to serve as members of the council. Each legislative member of the council is entitled to receive compensation from the legislative council for each day spent in meetings of the council and for reimbursement for related travel and other necessary expenses in the amounts provided by law for other state officers.
  3. Each of the following entities shall appoint a representative to serve as a nonvoting member of the council who serves at the pleasure of the appointing entity:
    1. Protection and advocacy project, one representative;
    2. Department, one individual representing injury prevention and one representative representing emergency medical services and trauma, one individual representing behavioral health, one individual representing Medicaid, and one individual representing vocational rehabilitation; and
    3. Department of public instruction, one representative.
  4. The governor may appoint an individual representing stroke health to serve as a nonvoting member of the council who serves at the pleasure of the governor.
  5. A voting advisory council member appointed by the governor may not serve more than two consecutive four-year terms on the council.
  6. A council member appointed under subdivision a or b of subsection 1 is entitled to receive from the department reimbursement for expenses as provided by law for state officers and per diem compensation as determined by the department if the member is attending meetings or performing duties directed by the council.
  7. The council shall elect a chairman and vice chairman from the voting membership of the council and shall elect a secretary from the voting or nonvoting membership of the council. The council shall meet quarterly. A majority of the voting members of the council constitutes a quorum. The council shall adopt bylaws.
  8. The council shall advise the department and shall participate in activities to improve the quality of life for an individual with brain injury and the individual’s family through brain injury awareness, prevention, research, education, collaboration, support services, and advocacy.
  9. The department shall contract with a private, nonprofit agency that does not provide brain injury services, to facilitate and provide support services to the council.

Source:

S.L. 2017, ch. 337, § 1, effective August 1, 2017; 2019, ch. 37, § 5, effective July 1, 2019; 2021, ch. 364, § 1, effective August 1, 2021; 2021, ch. 352, § 412, effective September 1, 2022.

CHAPTER 50-06.5 Independent Living Centers and Services

50-06.5-01. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Center for independent living” means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency that is designed and operated within a local community by individuals with a disability, which can provide an array of independent living services and complies with the standards and assurances in accordance with section 796f-4 of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.].
  2. “Consumer control” means power and authority vested in individuals with a disability and, when applied to a center for independent living, means more than fifty percent of the principal governing board and management staff are individuals with a disability.
  3. “Council” means the statewide independent living council.
  4. “Designated state entity” means the vocational rehabilitation division of the department of human services as defined in the state plan for independent living.
  5. “Director” means the director of the designated state entity.
  6. “Independent living core services” means information and referral services; independent living skills training; peer counseling, including cross-disability peer counseling; individual and systems advocacy; services that facilitate the transition of an individual with a significant disability from a nursing home and other institutions to a home and community-based residence, with the requisite supports and services; to provide assistance to an individual with a significant disability who is at risk of entering an institution so the individual may remain in the community; and to facilitate the transition of youth who are individuals with a significant disability, who were eligible for an individualized education program and who have completed their postsecondary education or otherwise left school, to postsecondary life or have reached the age of eighteen and are still receiving services in accordance with an individualized education program and have not completed their postsecondary education.
  7. “Independent living services” includes independent living core services and other services as described in section 705 of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.].
  8. “Individual with a disability” means an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual, with a record of impairment, or who is regarded as having such an impairment.
  9. “Individual with a significant disability” means an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment, respectively.

Source:

S.L. 1993, ch. 476, § 1; 2019, ch. 401, § 1, effective August 1, 2019.

50-06.5-01. Definitions. [Effective September 1, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Center for independent living” means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency that is designed and operated within a local community by individuals with a disability, which can provide an array of independent living services and complies with the standards and assurances in accordance with section 796f-4 of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.].
  2. “Consumer control” means power and authority vested in individuals with a disability and, when applied to a center for independent living, means more than fifty percent of the principal governing boardand management staff are individuals with a disability.
  3. “Council” means the statewide independent living council.
  4. “Designated state entity” means the vocational rehabilitation division of the department of health and human services as defined in the state plan for independent living.
  5. “Director” means the director of the designated state entity.
  6. “Independent living core services” means information and referral services; independent living skills training; peer counseling, including cross-disability peer counseling; individual and systems advocacy; services that facilitate the transition of an individual with a significant disability from a nursing home and other institutions to a home and community-based residence, with the requisite supports and services; to provide assistance to an individual with a significant disability who is at risk of entering an institution so the individual may remain in the community; and to facilitate the transition of youth who are individuals with a significant disability, who were eligible for an individualized education program and who have completed their postsecondary education or otherwise left school, to postsecondary life or have reached the age of eighteen and are still receiving services in accordance with an individualized education program and have not completed their postsecondary education.
  7. “Independent living services” includes independent living core services and other services as described in section 705 of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.].
  8. “Individual with a disability” means an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual, with a record of impairment, or who is regarded as having such an impairment.
  9. “Individual with a significant disability” means an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment, respectively.

Source:

S.L. 1993, ch. 476, § 1; 2019, ch. 401, § 1, effective August 1, 2019; 2021, ch. 352, § 413, effective September 1, 2022.

50-06.5-02. Statewide independent living council.

A council is established. The council shall adopt bylaws governing operations of the council. The council shall meet at least quarterly.

Source:

S.L. 1993, ch. 476, § 2; 2019, ch. 401, § 2, effective August 1, 2019.

50-06.5-03. Requirements of the statewide independent living council.

  1. The council shall meet or exceed the requirements of section 796 d of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.], including composition and appointment of members.
  2. The councilmay not be established as an entity within a state agency, including a designated state entity. The council must be independent of and autonomous from the designated state entity and all other state agencies.
  3. At least fifty percent of the directors of the centers for independent living serving the state, or a designee if unable to meet the residency requirements of the state, must be members.

Source:

S.L. 1993, ch. 476, § 3; 2019, ch. 401, § 3, effective August 1, 2019.

50-06.5-04. Duties of the statewide independent living council.

The council shall fulfill the duties as set forth in section 796 d of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.] which include developing, monitoring, implementing the state plan for independent living; developing or assisting in the development of required state and federal reports; recordkeeping; coordinating with other state entities that provide similar or complementary services; and preparing, in conjunction with the designated state entity, a plan for the provision of resources needed to carry out the functions of the state plan for independent living and as defined within the federal Rehabilitation Act of 1973, as amended.

Source:

S.L. 1993, ch. 476, § 4; 2019, ch. 401, § 4, effective August 1, 2019.

50-06.5-05. State plan. [Repealed]

Source:

S.L. 1993, ch. 476, § 5; repealed by 2019, ch. 401, § 9, effective August 1, 2019.

50-06.5-06. Center for independent living.

  1. Under the direction set forth in the state plan for independent living, the director, in cooperation with the council, shall award grants to eligible agencies from funds appropriated for this purpose.
  2. In the administration of this section, the designated state entity shall award grants to any eligible agency that is receiving funds for this purpose on June 30, 1992, unless the director finds that the agency involved fails to meet program and fiscal standards and assurances.
  3. The minimum annual allocation for each center must be established in response to recommendations of the council. Priority for distribution of these funds is as follows:
    1. Centers funded through title VII of the Rehabilitation Act of 1973, as amended, but receiving less than the minimum annual allocation.
    2. Expansion of current centers to serve unserved or underserved areas of the state.

Source:

S.L. 1993, ch. 476, § 6; 2019, ch. 401, § 5, effective August 1, 2019.

50-06.5-07. Standards and assurances.

  1. Each center for independent living that receives assistance under this chapter shall comply with the standards and assurances set out in section 796f-4 of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.] to ensure that all programs and activities are planned, conducted, administered, and evaluated in a manner consistent with the purposes of this chapter.
  2. The applicant shall provide, as the council may require, satisfactory assurance that:
    1. The applicant is an eligible agency.
    2. The center will be designed and operated within local communities by individuals with a disability, including an assurance that the center will have a board that is the principal governing body of the center and a majority of that board will be composed of individuals with a significant disability.
    3. The applicant will comply with the standards and assurances set forth in this section.
    4. The applicant will establish clear priorities through annual and three-year programs and financial planning objectives for the center, including overall goals or mission for the center, a work plan for achieving the goals or mission, specific objectives, services priorities, and types of services to be provided along with a description that demonstrates how the proposed activities of the applicant are consistent with the most recent three-year state plan for independent living.
    5. The applicant will use sound organization, personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with a significant disability on the same terms and conditions required with respect to the employment of individuals with a disability under section 796m of the federal Rehabilitation Act of 1973, as amended, and the federal Americans with Disabilities Act.
    6. The applicant will ensure that the majority of its staff, and individuals on its staff in decisionmaking positions, are individuals with a significant disability.
    7. The applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit or review.
    8. The applicant will conduct annual self-evaluations, prepare an annual report, and maintain records, adequate to measure performance with respect to the standards containing information regarding, at least:
      1. The extent to which the center is in compliance with the standards and assurances.
      2. The numbers and types of individuals with a significant disability receiving services through the center.
      3. The types of services provided through the center and the number of individuals with a significant disability receiving each type of service.
      4. The source and amounts of funding for the operation of the center.
      5. The number of individuals with a significant disability who are employed by, and the number who are in management and decisionmaking positions in the center.
      6. The comparison, when appropriate, of the activities of the center in prior years, with the activities of the center in the most recent year.
    9. Individuals with a significant disability who are seeking services from the center will be notified by the center of the existence of the availability of the client assistance program and a way to contact that program.
    10. Aggressive outreach, regarding services provided through the center, will be conducted in an effort to reach populations of individuals with a disability which are unserved or underserved by programs under this chapter, especially minority groups and urban and rural populations.
    11. Staff at centers will receive training on how to serve the unserved and underserved populations, including minority groups and urban and rural populations.
    12. The center will submit to the council a copy of its annual report and the annual audit or review required under subdivision g.
    13. The center will prepare and submit a report to the designated state entity, at the end of each fiscal year, that contains the information described in subdivision h.
  3. Services may be provided under this chapter to an individual with a significant disability regardless of age, to the parents and family of an individual with a significant disability, and to others in the community.

Source:

S.L. 1993, ch. 476, § 7; 2019, ch. 401, § 6, effective August 1, 2019.

50-06.5-08. Independent living services and programs.

From sums appropriated in addition to those allocated for centers for independent living, the designated state entity may allocate funds, pursuant to the state plan for independent living to support the operation of centers for independent living.

Source:

S.L. 1993, ch. 476, § 8; 2019, ch. 401, § 7, effective August 1, 2019.

50-06.5-09. Duties of the designated state entity.

The designated state entity:

  1. Must be responsible for the establishment and maintenance of a council that meets the requirements of section 796d of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.].
  2. Shall receive, account for, and disburse funds received, including title 29, United States Code, subchapter VII, part B funding; state matching funds; and other state funds allocated for centers for independent living and maintenance of the council as set forth in the state plan for independent living.
  3. Shall ensure the council receives necessary and sufficient resources needed to fulfill the council’s statutory duties and authorities under section 796d of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.], consistent with the state plan for independent living and in a manner consistent with state and federal regulations.
  4. Shall comply with all applicable federal and state laws and regulations.
  5. Shall sign the state plan for independent living signifying agreement to execute the responsibilities of the designated state entity identified in section 796c of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.].
  6. Shall assist the council in the development of the plan for the provision of resources, including personnel necessary to carry out the functions of the council.

Source:

S.L. 2019, ch. 401, § 8, effective August 1, 2019.

CHAPTER 50-07 Old-Age Assistance [Repealed]

[Repealed by S.L. 1963, ch. 328, § 2]

Note.

For present provisions relating to medical assistance for needy persons, see chapter 50-24.1.

CHAPTER 50-08 Aid to Needy Blind [Repealed]

[Repealed by S.L. 1963, ch. 328, § 2]

Note.

For present provisions relating to medical assistance for needy persons, see chapter 50-24.1.

CHAPTER 50-08.1 Aid to Pregnant Women

50-08.1-01. Coordination of services for pregnant women. [Repealed]

Source:

S.L. 1991, ch. 509, § 4; repealed by 2017, ch. 331, § 14, effective August 1, 2017.

50-08.1-02. Benefits for pregnant women. [Repealed]

Repealed by S.L. 1997, ch. 404, § 80.

CHAPTER 50-09 Aid to Dependent Children

50-09-01. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “Account” means a demand deposit account, checking or negotiable withdrawal order account, share account, share draft account, savings account, time deposit account, securities account, money market mutual fund account, or any other account or arrangement that reflects an owner’s share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, to the extent the owner is permitted to redeem the share or interest by an order for payment to a third party.
  2. “Assistance” means money payments with respect to, or goods and services provided for dependent children, including payments for the care of unmarried mothers or fathers and their infants.
  3. “Child support” has the meaning provided in section 14-09-09.10.
  4. “Dependent child” means any needy child who is described in a state plan for aid and services to needy families submitted pursuant to title IV-A.
  5. “Financial institution” means:
    1. A depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)];
    2. An institution-affiliated party, as defined in section 3(u) of the Federal Deposit Insurance Act [12 U.S.C. 1813(u)];
    3. Any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act [12 U.S.C. 1752], including an institution-affiliated party of such a credit union, as defined in section 206(r) of the Federal Credit Union Act [12 U.S.C. 1786(r)]; and
    4. Any benefit association, insurance company, safe deposit company, securities intermediary, money market mutual fund, or similar entity authorized to do business in the state.
  6. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the state agency.
  7. “Obligor” has the meaning provided in section 14-09-09.10.
  8. “Past-due support” has the meaning provided in section 14-09-09.10.
  9. “Secretary” means the secretary of the United States department of health and human services.
  10. “Securities account” has the meaning provided in section 41-08-41.
  11. “Securities intermediary” has the meaning provided in section 41-08-02, but does not include a clearing corporation.
  12. “State agency” means the North Dakota department of human services.
  13. “Title IV-A” means title IV-A of the Social Security Act, as adopted by title I of Pub. L. 104-193 [110 Stat. 2110 et seq.; 42 U.S.C. 601 et seq.].
  14. “Title IV-B” means title IV-B of the Social Security Act [Pub. L. 90-248, title II, sec. 240(c); 81 Stat. 911; 42 U.S.C. 620 et seq.], as amended.
  15. “Title IV-D” means title IV-D of the Social Security Act [Pub. L. 93-647; 88 Stat. 2351; 42 U.S.C. 651 et seq.].
  16. “Title IV-E” means title IV-E of the Social Security Act [Pub. L. 96-272, title I, sec. 101(a)(1); 94 Stat. 501; 42 U.S.C. 670 et seq.], as amended.
  17. “Work activity” means any activity permitted or required to be treated as work for purposes of calculating a work participation rate.

Source:

S.L. 1937, ch. 209, § 1; 1939, ch. 194, § 1; 1941, ch. 243, § 1; 1943, ch. 221, § 1; R.C. 1943, § 50-0901; S.L. 1945, ch. 278, § 1; 1947, ch. 314, § 1; 1957 Supp., § 50-0901; S.L. 1965, ch. 324, § 1; 1971, ch. 467, § 1; 1973, ch. 384, § 1; 1975, ch. 442, § 1; 1981, ch. 486, § 24; 1987, ch. 571, § 2; 1997, ch. 404, § 53; 1999, ch. 282, § 16; 2003, ch. 411, § 2; 2007, ch. 417, § 6; 2019, ch. 391, § 94, effective January 1, 2020.

Effective Date.

The 2007 amendment of this section by section 6 of chapter 417, S.L. 2007 became effective July 1, 2007.

Notes to Decisions

Determination of Eligibility.

The Aid to Families of Dependent Children (AFDC) program is a grant-in-aid program established by the federal government and governed in turn by federal and state statutes and regulations. In this state, county social service boards, in accordance with the rules of the Department of Human Services, have the duty of determining whether an applicant is eligible for AFDC assistance. S.W. v. North Dakota Dep't of Human Servs., 420 N.W.2d 344, 1988 N.D. LEXIS 42 (N.D. 1988).

50-09-01. Definitions. [Effective September 1, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “Account” means a demand deposit account, checking or negotiable withdrawal order account, share account, share draft account, savings account, time deposit account, securities account, money market mutual fund account, or any other account or arrangement that reflects an owner’s share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, to the extent the owner is permitted to redeem the share or interest by an order for payment to a third party.
  2. “Assistance” means money payments with respect to, or goods and services provided for dependent children, including payments for the care of unmarried mothers or fathers and their infants.
  3. “Child support” has the meaning provided in section 14-09-09.10.
  4. “Dependent child” means any needy child who is described in a state plan for aid and services to needy families submitted pursuant to title IV-A.
  5. “Financial institution” means:
    1. A depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)];
    2. An institution-affiliated party, as defined in section 3(u) of the Federal Deposit Insurance Act [12 U.S.C. 1813(u)];
    3. Any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act [12 U.S.C. 1752], including an institution-affiliated party of such a credit union, as defined in section 206(r) of the Federal Credit Union Act [12 U.S.C. 1786(r)]; and
    4. Any benefit association, insurance company, safe deposit company, securities intermediary, money market mutual fund, or similar entity authorized to do business in the state.
  6. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the state agency.
  7. “Obligor” has the meaning provided in section 14-09-09.10.
  8. “Past-due support” has the meaning provided in section 14-09-09.10.
  9. “Secretary” means the secretary of the United States department of health and human services.
  10. “Securities account” has the meaning provided in section 41-08-41.
  11. “Securities intermediary” has the meaning provided in section 41-08-02, but does not include a clearing corporation.
  12. “State agency” means the department of health and human services.
  13. “Title IV-A” means title IV-A of the Social Security Act, as adopted by title I of Pub. L. 104-193 [110 Stat. 2110 et seq.; 42 U.S.C. 601 et seq.].
  14. “Title IV-B” means title IV-B of the Social Security Act [Pub. L. 90-248, title II, sec. 240(c); 81 Stat. 911; 42 U.S.C. 620 et seq.], as amended.
  15. “Title IV-D” means title IV-D of the Social Security Act [Pub. L. 93-647; 88 Stat. 2351; 42 U.S.C. 651 et seq.].
  16. “Title IV-E” means title IV-E of the Social Security Act [Pub. L. 96-272, title I, sec. 101(a)(1); 94 Stat. 501; 42 U.S.C. 670 et seq.], as amended.
  17. “Work activity” means any activity permitted or required to be treated as work for purposes of calculating a work participation rate.

Source:

S.L. 1937, ch. 209, § 1; 1939, ch. 194, § 1; 1941, ch. 243, § 1; 1943, ch. 221, § 1; R.C. 1943, § 50-0901; S.L. 1945, ch. 278, § 1; 1947, ch. 314, § 1; 1957 Supp., § 50-0901; S.L. 1965, ch. 324, § 1; 1971, ch. 467, § 1; 1973, ch. 384, § 1; 1975, ch. 442, § 1; 1981, ch. 486, § 24; 1987, ch. 571, § 2; 1997, ch. 404, § 53; 1999, ch. 282, § 16; 2003, ch. 411, § 2; 2007, ch. 417, § 6; 2019, ch. 391, § 94, effective January 1, 2020; 2021, ch. 352, § 414, effective September 1, 2022.

50-09-02. Duties of the state agency.

The state agency shall:

  1. Take such action and adopt rules as may become necessary to entitle the state to receive funds from the federal government under title IV-A.
  2. Supervise the administration of temporary assistance for needy families throughout the state of North Dakota.
  3. Take such action, give such directions, and adopt rules as may be necessary or desirable to carry out the provisions of this chapter, including the adoption and application of suitable standards and procedure to ensure appropriate treatment of all applicants for temporary assistance for needy families.
  4. Cooperate with the federal government in matters of mutual concern pertaining to temporary assistance for needy families, including the adoption of such methods of administration as are found by the state agency to be appropriate for the efficient operation of the plan for such assistance.
  5. Provide such qualified employees and representatives as may be necessary.
  6. Prescribe the form of and print and supply to the human service zones blanks for applications, reports, and such other forms as it may deem necessary and advisable.
  7. Have authority to establish and maintain personnel standards on a merit basis for personnel employed by the state and the human service zone.
  8. Make such reports in such form and containing such information as the federal government from time to time may require.
  9. Make any determinations respecting title IV-A not expressly reserved to the federal government under federal law.
  10. Determine if the terms of any waiver of federal requirements, pertaining to the aid to families with dependent children program, submitted to the federal government before August 22, 1996, are consistent with the requirements of title IV-A.
  11. Determine the expenditures that constitute qualified state expenditures for purposes of this chapter.
  12. Determine the costs that constitute administrative costs for purposes of this chapter.
  13. Determine in any case if assistance provided will be funded through qualified state expenditures, funds made available from the federal government under title IV-A, or a combination thereof.
  14. Assist recipients of temporary assistance for needy families, in a form and manner determined appropriate by the state agency, but which need not be uniform among families or among counties.
  15. Administer all funds appropriated or made available to it for the purpose of carrying out the provisions of this chapter.
  16. Act as the official agency of the state in the administration of the child support enforcement program and medical support enforcement program in conformity with title IV-D. In administering the child support enforcement and medical support enforcement programs, the state agency may contract with any public or private agency or person to discharge the state agency’s duties and must maintain an office in each of the eight planning regions of the state.
  17. Take actions and adopt rules necessary to entitle the state to receive funds from the federal government under the child care and development block grant [42 U.S.C. 9858 et seq.], as amended.
  18. Have authority to establish a program for families that include both a minor child and an incapacitated parent of that minor child, using no federal funds derived from temporary assistance for needy families block grant funds, which otherwise functions in substantially the form and manner of the temporary assistance for needy families program.
  19. For purposes of section 674(e)(2) of the Social Security Act [42 U.S.C. 674(e)(2)], approve families, outside of the jurisdiction of the state of North Dakota, for placement of children for adoption.
  20. Act as the official agency of the state in the administration of child and family services in conformity with title IV-B and to direct and supervise human service zone administration of that program, unless otherwise directed or determined by the state agency.
  21. Act as the official agency of the state in the administration of federal payments for foster care and adoption assistance in conformity with title IV-E and to direct and supervise human service zone administration of that program, unless otherwise directed or determined by the state agency.
  22. Provide, upon request and insofar as staff resources permit, technical assistance concerning the requirements of title IV-B and title IV-E to courts within this state, including tribal courts, and to state’s attorneys and tribal prosecutors within this state.
  23. Make training available to state’s attorneys and assistant state’s attorneys who are willing to collaborate with colleagues in other counties on petitions to terminate parental rights.

Source:

S.L. 1937, ch. 209, § 2; 1941, ch. 243, §§ 2, 14; R.C. 1943, § 50-0902; S.L. 1977, ch. 452, § 1; 1997, ch. 404, § 54; 1999, ch. 282, § 17; 2007, ch. 417, § 7; 2019, ch. 391, § 95, effective January 1, 2020.

Effective Date.

The 2007 amendment of this section by section 7 of chapter 417, S.L. 2007 became effective July 1, 2007.

Notes to Decisions

Standards and Procedures.

This section requires the department of human services to promulgate suitable standards and procedures to ensure uniform and equitable treatment of all applicants for aid to dependent children. Nelson v. Cass County Social Servs., 424 N.W.2d 371, 1988 N.D. LEXIS 95 (N.D. 1988).

50-09-02.1. State agency to submit plans — Administer programs under title IV-A and title IV-D — Establish data system — Provide capacity for electronic funds transfer.

  1. The state agency may submit state plans in forms that meet the requirements for such plans which are, or may be, imposed under title IV-A or title IV-D. The state agency may take actions reasonably necessary to conform the administration of programs under its supervision and direction to the requirements of title IV-A or title IV-D and the state plans submitted thereunder, including the issuance of policy manuals, forms, and program directives. The state agency may seek appropriate waivers of the requirements of federal statutes or regulations as authorized by federal law.
  2. The state agency shall establish a statewide automated data processing system designed to conform to requirements imposed by or under title IV-D. The official records of the state regarding all child support amounts owed, collected, and distributed must be maintained in that system. Notwithstanding section 14-08.1-05, any record of a child support obligation that is currently being enforced in another jurisdiction and not by a child support agency, that is owed by an obligor who is deceased, or that is owed to a deceased obligee for whom disbursement of any collections could not occur under section 14-09-25, may be removed indefinitely from the statewide automated data processing system until a request is received from a party to the child support case to restore those records.
  3. The statewide automated data processing system must provide capability for electronic funds transfer for the purpose of income withholding and interstate collections.

Source:

S.L. 1989, ch. 580, § 1; 1993, ch. 152, § 21; 1997, ch. 404, § 55; 2007, ch. 148, § 12; 2009, ch. 419, § 11; 2021, ch. 30, § 12, effective July 1, 2021.

Effective Date.

The 2009 amendment of this section by section 11 of chapter 419, S.L. 2009 became effective August 1, 2009.

The 2007 amendment of this section by section 12 of chapter 148, S.L. 2007 became effective July 1, 2007.

Notes to Decisions

Right to Support.

The county social service board is asserting the child’s rights when it seeks reimbursement or future support for a child. Sprynczynatyk v. Celley, 486 N.W.2d 230, 1992 N.D. LEXIS 150 (N.D. 1992).

Although a custodial parent may have a representational right to collect support on behalf of a child, the right to support really belongs to the child. Sprynczynatyk v. Celley, 486 N.W.2d 230, 1992 N.D. LEXIS 150 (N.D. 1992).

50-09-02.2. Assistance for adopted children with special needs.

  1. Assistance provided under this chapter or chapter 50-24.1 after adoption to a child with special needs must be provided without regard to the income or resources of the adopting parents. Except as provided in this section, such assistance continues until:
    1. The adopted child is emancipated or dies;
    2. The adopted child has attained the age of eighteen or up to the date the individual attains the age of twenty-one, as elected by the state agency under section 475(8)(B) of the federal Social Security Act [42 U.S.C. 675 (8)(B)];
    3. The adoption is terminated;
    4. A determination of ineligibility is made by the state agency;
    5. The state agency determines the adoptive parents are no longer legally responsible for support of the child who has not attained eighteen years of age, as the adoptive parent’s parental rights have been terminated or the child is emancipated, marries, or enlists in the military; or
    6. The state agency determines the adoptive parents are no longer providing support to the child.
  2. Assistance provided to an adopted child must continue regardless of the residence of the adopting parents. The state agency may require, as a condition of receiving assistance under this chapter or chapter 50-24.1, that the adopting parents enter a contract or agreement regarding the type of assistance to be received; the amount of assistance; the identity of the physical, mental, or emotional condition for which medical assistance is received; or any conditions for continued receipt of assistance. A child with special needs is a child legally available for adoptive placement whose custody has been awarded to a public agency authorized by law to receive and provide care for the child and who is seven years of age or older; under eighteen years of age with a physical, emotional, or mental disability or has been diagnosed by a licensed physician, physician assistant, or advanced practice registered nurse to be at high risk for such a disability; a member of a minority; or a member of a sibling group. Once an adoption assistance agreement is signed with the adoptive parent, the state agency shall obtain the concurrence of the adoptive parent if any changes in the payment amount are made, unless the assistance is discontinued under subsection 1.

Source:

S.L. 1991, ch. 509, § 6; 2003, ch. 138, § 87; 2003, ch. 412, § 1; 2019, ch. 391, § 96, effective January 1, 2020; 2019, ch. 402, § 1, effective August 1, 2019; 2021, ch. 365, § 1, effective August 1, 2021.

Note.

Section 50-09-02.2 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 96 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 1 of Chapter 402, Session Laws 2019, Senate Bill 2112.

50-09-02.3. Department to apply for waiver. [Repealed]

Repealed by S.L. 1995, ch. 464, § 1.

50-09-02.4. State case registry.

  1. The statewide automated data processing system established under section 50-09-02.1 must include a registry that contains records with respect to:
    1. Each child support case in which services are being provided by the state agency under title IV-D; and
    2. Each child support order established or modified in this state on or after October 1, 1998.
  2. The case records must use standardized data elements for both parents and contain other information the secretary requires.
  3. Each case record concerning a case with respect to which services are being provided by the state agency under title IV-D must:
    1. Include payment records consistent with the requirements of title IV-D, which include:
      1. The amount of current monthly or other periodic support owed under the order and other amounts, including arrearages, interest, late payment penalties, fees, and amounts determined under section 14-09-09.30, due or past due under the order;
      2. Any amount described in paragraph 1 that has been collected;
      3. The distribution of collected amounts;
      4. The birthdate and the social security number of any child for whom an order requires the provision of support; and
      5. The amount necessary to satisfy any lien imposed under chapter 35-34 or established as a judgment lien under section 14-08.1-05.
    2. Be established, maintained, updated, and monitored on the basis of:
      1. Information on administrative actions and administrative and judicial proceedings and orders relating to paternity and child support;
      2. Information obtained from comparison with federal, state, and local sources of information;
      3. Information on child support collections and distributions; and
      4. Any other relevant information.

Source:

S.L. 1997, ch. 404, § 56; 1999, ch. 141, § 21.

50-09-02.5. Required uses of statewide automated data processing system.

The statewide automated data processing system established under section 50-09-02.1 must, in accordance with requirements of title IV-D, and regulations, formats, and operating requirements of the secretary adopted thereunder:

  1. Effective October 1, 1998, provide comparisons respecting:
    1. Federal and state case registry information;
    2. Federal and state parent locator information;
    3. Information secured under this chapter, chapter 50-24.1, similar laws administered in other states, and such other programs designated by the secretary as necessary to perform state agency functions under title IV-D, and under the respective programs; and
    4. Information gathered by other agencies of this state, agencies of other states, and interstate networks as necessary and appropriate to carry out state agency duties respecting title IV-D or to assist other states to carry out similar duties;
  2. Effective October 1, 1998, be used by the state disbursement unit in the performance of functions including:
    1. Timely transmission of orders and notices to income payers for the withholding of income using uniform formats prescribed by the secretary;
    2. Ongoing monitoring to promptly identify failures to make timely payment of support;
    3. Automatic use of enforcement procedures if payments are not timely made; and
    4. Be used, to the maximum extent feasible, to receive and disburse child support payments through electronic fund transfers; and
  3. Be used, to the maximum extent feasible, to implement the expedited administrative procedures required by title IV-D.

Source:

S.L. 1997, ch. 404, § 57.

50-09-02.6. State agency to submit plans and administer programs under title IV-B and title IV-E — Make application for federal funds.

  1. The state agency may submit state plans in forms that meet the requirements for such plans which are, or may be, imposed under title IV-B or title IV-E. The state agency may take actions reasonably necessary to conform the administration of programs under its supervision and direction to the requirements of title IV-B or title IV-E and the state plans submitted thereunder, including the issuance of policy manuals, forms, and program directives. The state agency may seek appropriate waivers of the requirements of federal statutes or regulations as may be authorized by federal law.
  2. The state agency may apply for additional or conditionally available funds, such as adoption incentive payments, as may be made available under title IV-B or title IV-E, and may take any action reasonably necessary to support an application.

Source:

S.L. 1999, ch. 282, § 19.

50-09-02.7. Child support arrears registry.

The state case registry maintained under section 50-09-02.4 must include a registry of any obligor who owes past-due support in an amount greater than two times the obligor’s current or most recent monthly support obligation as defined in section 14-09-09.10 or two thousand dollars, whichever is less. As used in this chapter, “arrears registry” means the registry maintained under this section.

Source:

S.L. 2005, ch. 415, § 16.

50-09-03. Duties of human service zone.

In the administration of assistance under this chapter, a human service zone shall, unless otherwise directed or determined by the state agency:

  1. Administer the temporary assistance for needy families program in its human service zone, subject to the rules of the state agency.
  2. Report to the state agency at such times and in such manner and form as the state agency, from time to time, may direct.
  3. Submit annually, through the human service zone director, to the state agency a budget containing an estimate and supporting data, setting forth the amount of money needed to carry out the provisions of this chapter.
  4. Cooperate with juvenile courts and licensed children’s agencies.
  5. Administer child and family services under the direction and supervision of the state agency in conformity with title IV-B.
  6. Administer federal payments for foster care and adoption assistance under the direction and supervision of the state agency in conformity with title IV-E.

Source:

S.L. 1937, ch. 209, § 3; 1941, ch. 243, § 3; R.C. 1943, § 50-0903; S.L. 1977, ch. 452, § 2; 1997, ch. 404, § 58; 1999, ch. 282, § 18; 2007, ch. 417, § 8; 2019, ch. 391, § 97, effective January 1, 2020.

Effective Date.

The 2007 amendment of this section by section 8 of chapter 417, S.L. 2007 became effective July 1, 2007.

Notes to Decisions

Receipt of Lump Sum Payment.

Assuming there may in some instances be a duty of a caseworker to advise claimants of methods to avoid lump sum rules when a claimant receives a lump sum distribution of AFDC money, no such duty arose where the caseworker was not presented with specific and revealing information, nor was she confronted with unequivocal facts raising a red flag as to conditions of eligibility; rather, the caseworker received inexact, ambiguous information. Wiedmeier v. North Dakota Dep't of Human Servs., 491 N.W.2d 712, 1992 N.D. LEXIS 222 (N.D. 1992).

50-09-04. Preservation and protection of religious faith.

The county, human service zone, and state agencies shall preserve and protect the religious faith of children coming under their jurisdiction.

Source:

S.L. 1937, ch. 209, § 4; 1941, ch. 243, § 4; R.C. 1943, § 50-0904; 2019, ch. 391, § 98, effective January 1, 2020.

50-09-05. Eligibility for assistance. [Repealed]

Repealed by S.L. 1975, ch. 447, § 5.

50-09-06. Application for assistance.

Application for assistance under this chapter must be made to the human service zone or state agency in the manner and form prescribed by the state agency. The application must contain such information as the state agency may require, and the action of the state agency in approving and granting assistance or in disapproving and denying assistance is final and binding on the human service zone.

Source:

S.L. 1937, ch. 209, § 7; 1941, ch. 243, § 7; 1943, ch. 221, § 3; R.C. 1943, § 50-0906; S.L. 1977, ch. 452, § 3; 1987, ch. 571, § 3; 1989, ch. 148, § 35; 1997, ch. 404, § 59; 2001, ch. 418, § 2; 2019, ch. 391, § 99, effective January 1, 2020.

Notes to Decisions

Right to Reimbursement.

The legislature has given state agencies who provide assistance to needy persons the right to be reimbursed for that assistance from persons who have obligations to support those receiving the assistance. Mehl v. Mehl, 545 N.W.2d 777, 1996 N.D. LEXIS 105 (N.D. 1996).

Right to Support.

The county social service board is asserting the child’s rights when it seeks reimbursement or future support for a child. Sprynczynatyk v. Celley, 486 N.W.2d 230, 1992 N.D. LEXIS 150 (N.D. 1992).

Although a custodial parent may have a representational right to collect support on behalf of a child, the right to support really belongs to the child. Sprynczynatyk v. Celley, 486 N.W.2d 230, 1992 N.D. LEXIS 150 (N.D. 1992).

50-09-06.1. Assignment of support rights.

An application under this chapter is deemed to create and effect an assignment of all rights to support, which a family member or foster child may have or come to have, to the state agency. The assignment:

  1. Is effective as to all current support obligations and periods of eligibility;
  2. Is effective as to all accrued support obligations with respect to a foster care child;
  3. Is limited to the total cost of benefits provided to the family or foster child;
  4. Terminates when eligibility ceases, except with respect to any support obligation unpaid at that time; and
  5. Is not effective as to any child subject to a benefit cap imposed under section 50-09-29.

Source:

S.L. 1987, ch. 571, § 4; 2001, ch. 12, § 27; 2001, ch. 418, § 3; 2015, ch. 126, § 12, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 12 of chapter 126, S.L. 2015 became effective August 1, 2015.

Notes to Decisions

Child Support Guidelines.

The department of human services has authority to include children in foster care within the child support guidelines for determining a parent’s financial ability to pay all or part of the costs and expenses for the care of her child by the department or county social service board. McMerty v. A.M. (In re K.G.), 551 N.W.2d 554, 1996 N.D. LEXIS 165 (N.D. 1996).

Decisions Under Prior Law

Child Support Guidelines.

Social Service Board was entitled to reimbursement for the amount paid to the mother through the father’s current and accrued child support payments under this section, because the Board had extended benefits to the mother under the Temporary Assistance to Needy Families. Morton County Soc. Serv. Bd. v. Hakanson, 2003 ND 78, 660 N.W.2d 599, 2003 N.D. LEXIS 83 (N.D. 2003).

Collateral References.

Foster parent’s right to immunity from foster child’s negligence claims, 55 A.L.R.4th 778.

50-09-06.2. State agency may compromise claims.

The state agency may compromise claims arising out of assignments made under sections 50-09-06 and 50-09-06.1, on such terms as it may deem just and appropriate. The state agency may not be compelled to compromise any claim.

Source:

S.L. 1993, ch. 152, § 22.

50-09-07. Investigation by human service zone or state agency.

If a human service zone or state agency receives an application for assistance, or assistance has been granted, under this chapter, the human service zone, unless otherwise directed or determined by the state agency, promptly shall make an investigation and record of the circumstances of the applicant, or child, or both, in order to ascertain the facts supporting the application or the granting of assistance and shall obtain such other information as may be required by the rules and regulations of the state agency.

Source:

S.L. 1937, ch. 209, § 8; 1941, ch. 243, § 8, subs. a; R.C. 1943, § 50-0907; S.L. 1951, ch. 288, § 1; 1957 Supp., § 50-0907; S.L. 1977, ch. 452, § 4; 1979, ch. 508, § 1; 2019, ch. 391, § 100, effective January 1, 2020.

50-09-08. Investigations — Power of human service zone, state agency, and employees.

  1. In the investigation of applications under the provisions of this chapter, the human service zone, the state agency, and the officials and employees of such agencies charged with the administration and enforcement of this chapter may:
    1. Conduct examinations;
    2. Require the attendance of witnesses and the production of books, records, and papers; and
    3. Make application to the district court of the county to compel the attendance of witnesses and the production of books, records, and papers.
  2. The state agency may request from other state, county, human service zones, and local agencies information deemed necessary to carry out the child support enforcement program. All officers and employees of state, county, and local agencies shall cooperate with the state agency in locating absent parents of children to whom an obligation of support is owed or on whose behalf assistance is being provided and, on request, shall supply the state agency with available information relative to the location, income, social security number, and property holdings of the absent parent, notwithstanding any provision of law making that information confidential. Any person acting under the authority of the state agency who pursuant to this subsection obtains information from the office of the state tax commissioner, the confidentiality of which is protected by law, may not divulge such information except to the extent necessary for the administration of the child support enforcement program or when otherwise directed by judicial order or when otherwise provided by law.
  3. The officers and employees designated by the human service zones or the state agency may administer oaths and affirmations.

Source:

S.L. 1937, ch. 209, § 8; 1941, ch. 243, § 8, subs. b; R.C. 1943, § 50-0908; S.L. 1977, ch. 452, § 5; 1979, ch. 597, § 5; 2007, ch. 417, § 9; 2019, ch. 391, § 101, effective January 1, 2020.

Effective Date.

The 2007 amendment of this section by section 9 of chapter 417, S.L. 2007 became effective July 1, 2007.

50-09-08.1. Stepfather’s liability for dependent child. [Repealed]

Repealed by S.L. 1971, ch. 153, § 2.

50-09-08.2. Power of state agency and employees and agents.

  1. In implementing programs under title IV D, the state agency, and the officials, employees, and agents of the agency may:
    1. Conduct examinations;
    2. Require by subpoena the attendance of witnesses and the production of books, records, and papers;
    3. Compensate witnesses and individuals producing books, records, including records maintained in automated databases, and papers in amounts determined by the state agency, not to exceed actual reasonable costs incurred and not to include any costs incurred by a financial institution that has not entered into an agreement under subdivision h nor costs incurred by any person that reflects the difference between responding to a subpoena and providing information under subdivision g or k;
    4. Impose a fiscal sanction of no more than twenty five dollars for each day against a person who fails to attend as a witness or produce books, records, or papers;
    5. Require genetic testing of appropriate individuals when necessary in disputed paternity cases, to determine the relationship of parent and child, and:
      1. Pay the costs of such testing, subject to recoupment from the alleged father if paternity is established; and
      2. Obtain additional testing in any case if an initial test result is contested, upon request and advance payment by the contestant;
    6. Make application to the district court to compel participation in genetic testing, the attendance of witnesses, the production of books, records, and papers, and the payment of fiscal sanctions imposed under this section;
    7. Notwithstanding any provision of this code making the records confidential, in addition to or in lieu of a subpoena, obtain access, including automated access in the case of records maintained in automated databases, to:
      1. Records of other state and local government agencies, including:
        1. Vital statistics, including records of marriage, birth, and divorce;
        2. Local tax and revenue records, including information on residence address, employer, income, and assets;
        3. Records concerning real and titled personal property;
        4. Records of occupational and professional licenses and records concerning the ownership and control of corporations, partnerships, and other business entities;
        5. Employment security records;
        6. Workforce safety and insurance records identifying the last known address of a person who owes or who is owed support, the wage loss benefits, permanent partial impairment benefits, death benefits, or additional benefits that person has received or is entitled to receive from the organization, and whether and where that person is currently employed;
        7. Records of all agencies administering public assistance programs;
        8. Records of the department of transportation, which access is not subject to the requirements in section 39-16-03;
        9. Corrections records;
        10. Law enforcement records; and
        11. Subject to an agreement with the state tax commissioner, state tax and revenue records, including information on residence address, employer, income, and assets; and
      2. Certain information contained in records held by private entities with respect to individuals who owe or are owed child support, or against or with respect to whom a child support obligation is sought, subject to safeguards on privacy and information security, consisting of:
        1. The names, addresses, social security numbers, and other requested relevant income or asset information of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities, including cellular and wireless telephone service providers, and cable television companies, pursuant to an administrative subpoena if requested; and
        2. Information on assets and liabilities on those individuals held by financial institutions;
    8. Enter into agreements with financial institutions doing business in the state, and with the assistance, or through the agency, of the secretary, with financial institutions doing business in two or more states:
      1. To develop and operate, in coordination with those financial institutions, a data match system, using automated data exchanges to the maximum extent feasible, in which each such financial institution is required to provide in each calendar quarter the name, record address, social security number or other taxpayer identification number, and other identifying information for each noncustodial parent who maintains an account at such financial institution and who owes past due support, as identified by the state agency by name and social security number or other taxpayer number; and
      2. Under which such financial institution, in response to a notice of lien or an execution, will encumber or surrender, as the case may be, assets held by such institution on behalf of any noncustodial parent who is subject to a lien for unpaid child support;
    9. For purposes of locating parents or alleged parents of children receiving services under title IV-D, provide all federal and state agencies conducting activities under title IV-D with access to:
      1. Records of the department of transportation; and
      2. Law enforcement records;
    10. Notwithstanding any provision of law making the records confidential:
      1. Provide access to information identifying the amount of payment necessary to obtain the release of a lien taken by the state agency in any property to secure the payment of child support; and
      2. Upon payment of a sufficient amount, satisfy and release that lien; and
    11. Upon agreement, exchange information, including social security numbers, with a person listed in subdivision g for the purpose of identifying individuals who owe or are owed child support, or against or with respect to whom a child support obligation is sought, and any income, assets, or liabilities of those individuals.
  2. All information received under this section, if confidential under some other provision of law, is subject to the penalties under section 50-06-15 and is confidential, except that the information may be used in the administration of any program administered by or under the supervision and direction of the state agency and as specifically authorized by the rules of the state agency. Any information received under this section, if not subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota in the possession of the person providing the information, is exempt from section 44-04-18 and section 6 of article XI of the Constitution of North Dakota. Any person acting under the authority of the state agency who pursuant to this subsection obtains information from the office of the state tax commissioner, the confidentiality of which is protected by law, may not divulge such information except to the extent necessary for the administration of the child support enforcement program or when otherwise directed by judicial order or otherwise provided by law.
    1. As provided in title IV-D, a person is immune from suit or any liability under any federal or state law:
      1. For any disclosure of information, in any form, made under this section, to the state agency, a county agency, a human service zone, or an official, employee, or agent of either;
      2. For encumbering or surrendering any assets held by a financial institution in response to a notice of lien or an execution issued by the state agency as provided in section 28-21-05.2 and chapter 35-34; or
      3. For any other action taken in good faith to comply with the requirements of this section.
    2. The court shall award reasonable attorney’s fees and costs against any person who commences an action that is subsequently dismissed by reason of the immunity granted by this section.
  3. The officers and employees designated by the human service zones or the state agency may administer oaths and affirmations.
  4. All employing or contracting entities within this state, including for profit, nonprofit, and governmental employers, shall provide information on the employment, compensation, and benefits of any individual employed by such entity as an employee or contractor within ten days of a request made under subsection 1 or made by the agency of any other jurisdiction charged with administration of programs under title IV D. An entity that receives a request for which a response is required by this section is subject to a fiscal sanction of twenty five dollars for each day, beginning on the eleventh day after the request is made and not complied with.

Source:

S.L. 1997, ch. 404, § 60; 1999, ch. 141, § 22; 2001, ch. 152, § 8; 2001, ch. 232, § 8; 2003, ch. 561, § 3; 2007, ch. 148, § 13; 2009, ch. 419, § 12; 2019, ch. 391, § 102, effective January 1, 2020.

Effective Date.

The 2009 amendment of this section by section 12 of chapter 419, S.L. 2009 became effective August 1, 2009.

The 2007 amendment of this section by section 13 of chapter 148, S.L. 2007 became effective July 1, 2007.

Notes to Decisions

Subpoenas.

Under N.D.C.C. § 1-02-07, statutes that were not in irreconcilable conflict had to be harmonized if possible. That could be done in a case where the trial court incorrectly determined that N.D.C.C. § 50-09-08.2, regarding the state human services agency’s power to subpoena documents from the state insurance reserve fund, as the power to subpoena the documents did not mean that the state insurance reserve fund could not voluntarily disclose those documents, as it had the authority to do under N.D.C.C. § 26.1-02-28. State v. N.D. Ins. Reserve Fund, 2012 ND 216, 822 N.W.2d 38, 2012 N.D. LEXIS 230 (N.D. 2012).

50-09-08.3. Administrative enforcement in interstate cases.

  1. In acting as the official agency of the state in administering the child support program under title IV-D, the state agency, directly or through agents and human service zones:
    1. Shall use high-volume automated administrative enforcement, to the same extent as used in intrastate cases, in response to a request made by another state to enforce a child support order, and shall promptly report the results of such enforcement procedure to the requesting state;
    2. May transmit requests, by electronic or other means, to other states for assistance in cases involving enforcement of child support orders which include information provided and intended to enable the receiving state to compare information about the case to information in the databases of the receiving state, and which constitute a certification:
      1. Of the amount of arrearages, if any, under the child support order; and
      2. That procedural due process requirements applicable to the case have been complied with;
    3. In cases in which the state agency receives requests made by another state to enforce a child support order, shall not consider that matter a child support case transferred to this state, but may establish a corresponding case based on the other state’s request for assistance; and
    4. Shall maintain records of:
      1. The number of requests for assistance made by other states;
      2. The number of cases in which this state collected support in response to requests made by other states; and
      3. The amount of support collected.
  2. For purposes of this section, the term “high-volume automated administrative enforcement” means, in interstate cases, on request of another state, the identification, by this state, through automated data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in another state, and the seizure of such assets, by this state, through levy or other appropriate processes.

Source:

S.L. 1997, ch. 404, § 61; 1999, ch. 141, § 23; 2007, ch. 148, § 14; 2019, ch. 391, § 103, effective January 1, 2020.

Effective Date.

The 2007 amendment of this section by section 14 of chapter 148, S.L. 2007 became effective July 1, 2007.

50-09-08.4. Reporting arrearages to credit bureaus.

  1. In acting as the official agency of the state in administering the child support program under title IV-D, the state agency, directly or through agents and human service zones, subject to subsection 2, may report periodically to consumer reporting agencies the name of any obligor who owes past-due support and the amount of past-due support owed by the obligor.
  2. The state agency may report under subsection 1 only after such an obligor has been provided notice and a reasonable opportunity to contest the accuracy of the statement of the name and amount of overdue support owed by the obligor.
  3. For purposes of this section, “consumer reporting agency” means an agency that has furnished evidence, satisfactory to the state agency, that the agency is a consumer reporting agency as defined in section 603(f) of the Fair Credit Reporting Act [15 U.S.C. 1681a(f)].

Source:

S.L. 1997, ch. 404, § 62; 2019, ch. 391, § 104, effective January 1, 2020.

50-09-08.5. Securing assets to satisfy child support.

In acting as the official agency of the state in administering the child support program under title IV-D, in cases in which there is past-due child support, the state agency may secure assets to satisfy any current support obligation and the past-due amount by issuing writs of execution under chapter 28-21 or domestic relations orders that comply with federal law regarding pensions. Those writs of execution or domestic relations orders may be used to secure or seize property including:

  1. Periodic or lump sum payments from:
    1. An agency administering unemployment compensation benefits, workforce safety and insurance benefits, or other benefits; and
    2. Judgments, settlements, and gaming proceeds otherwise belonging to the obligor, or payable upon the obligor’s demand;
  2. Assets of the obligor held in financial institutions; and
  3. Public and private retirement funds.

Source:

S.L. 1997, ch. 404, § 63; 1999, ch. 141, § 24; 2003, ch. 561, § 3; 2005, ch. 415, § 15.

50-09-08.6. Suspension of occupational, professional, recreational, motor vehicle operator, and vehicle licenses and registrations for nonpayment of child support or failure to obey subpoena.

  1. As used in this section:
    1. “License” means:
      1. Any certificate, permit, or license issued by an agency of the state or a political subdivision of the state which the obligor is required to obtain prior to engaging in the obligor’s occupation or profession;
      2. Any certificate, permit, or license issued by an agency of the state which the obligor is required to obtain prior to engaging in a recreational activity; and
      3. Any operator’s license or vehicle license or registration which the obligor is required to obtain prior to operating or owning a vehicle in this state. As used in this section, “vehicle” includes any motor vehicle as defined in section 39-01-01, aircraft, snowmobile, motorboat, or personal watercraft.
    2. “Licensee” means a person who has applied for or currently possesses a license.
    3. “Licensing authority” means an agency of the state or a political subdivision of the state that issues a license, including occupational or professional boards, the game and fish department, and the department of transportation.
    4. “Restrict”, as it relates to the operator’s license of an obligor or a person who fails to comply with a subpoena, includes the authority of the state agency to authorize the issuance, upon request for good cause, of a restricted operator’s license that is solely for the use of a motor vehicle during the licensee’s normal working hours.
  2. The state agency, directly or through agents and child support agencies, may withhold, restrict, or suspend one or more licenses issued to:
    1. A person who has failed, after receiving proper notice, to comply with a subpoena relating to a paternity or child support matter;
    2. An obligor who is listed on the arrears registry; or
    3. An obligor who is not in compliance with an existing payment plan that has been negotiated between the obligor and the state agency under this section or in exchange for the state agency refraining from taking an enforcement action against the obligor.
  3. Before withholding, restricting, or suspending a license under subdivision a or b of subsection 2, the state agency shall send a notice to the licensee by first-class mail to the licensee’s last-known address stating that the licensee has thirty days after the date of the notice to comply with the subpoena, satisfy the arrearage in full, or negotiate a payment plan with the state agency under this section. The notice must further state that the licensee may contest the action of the state agency by making a written request for a court hearing under subsection 5 within ten days of the date of the notice.
  4. Upon notice to the licensee, the state agency may withhold, restrict, or suspend a license under subdivision c of subsection 2 at any time if the licensee fails to comply with a payment plan negotiated under this section. A copy of the state agency’s order to withhold, restrict, or suspend a license must be sent to the licensee by first-class mail to the licensee’s last-known address. The order must state that the licensee may contest the action of the state agency by making a written request for a court hearing under subsection 5 within ten days of the date of the order.
  5. A request for a hearing under this section must be made to the court that issued or considered the child support order. If a child support order was issued by a court or administrative tribunal in another jurisdiction, the request may be made to any court of this state which has jurisdiction to enforce that order or, if no court of this state has jurisdiction to enforce that order, in any court of this state with jurisdiction over the licensee.
  6. In a contest under this section, the court shall affirm the action of the state agency to withhold, restrict, or suspend a license unless the court finds that the state agency’s decision was arbitrary, unreasonable, or capricious.
  7. The state agency shall notify the appropriate licensing authority that the state agency has withheld, restricted, or suspended a license under this section. A license that is withheld, restricted, or suspended by the state agency under this section may be reinstated only by the state agency after the licensee complies with the subpoena, satisfies the arrearage in full, or enters into a payment plan with the state agency under this section.
  8. An obligor and the state agency may enter into a payment plan under which the obligor agrees to satisfy the obligor’s total child support obligation, including arrears, within a period not to exceed ten years. A payment plan under this section must require the obligor to make an immediate payment to the state disbursement unit in an amount equal to five percent of the total arrears owed by the obligor or five hundred dollars, whichever is greater. The state agency may waive or reduce the immediate payment that is due under a payment plan if the obligor’s current or most recent monthly support obligation is less than five hundred dollars. The state agency may require that a payment plan under this section include satisfaction of all court-ordered child support obligations of the obligor. The obligor’s current or most recent monthly support obligation under section 14-09-09.30 must be considered when determining the duration of a payment plan under this section and the payments due under the agreement. A payment plan under this section is not a modification of any child support obligation of the obligor and does not bar judicial review of a child support order under section 14-09-08.4 or other enforcement actions by the obligee or the state agency.
  9. An action of the state agency to withhold, restrict, or suspend a license under this section may not be appealed to the state agency or to the licensing authority, including an appeal under chapter 28-32. Section 50-09-14 does not apply to actions taken by the state agency under this section.
  10. Except for statistical purposes, an entry on the driving record or abstract of a restriction or suspension under this section after the restriction or suspension ceases may not be available to the public other than by order of a court of competent jurisdiction.
  11. A licensing authority and any person acting on its behalf is not liable for any actions taken to withhold, restrict, or suspend a license under this section. This section does not limit the ability of a licensing authority to withhold, restrict, or suspend a license on any other grounds authorized by law.

Source:

S.L. 2003, ch. 124, § 6; 2005, ch. 122, § 3; 2005, ch. 415, § 17; 2007, ch. 148, § 15; 2009, ch. 420, § 1; 2019, ch. 127, § 7, effective July 1, 2019.

Effective Date.

The 2009 amendment of this section by section 1 of chapter 420, S.L. 2009 became effective August 1, 2009.

The 2007 amendment of this section by section 15 of chapter 148, S.L. 2007 became effective July 1, 2007.

Collateral References.

Validity, Construction, and Application of State Statutes Providing for Revocation of Driver’s License for Failure to Pay Child Support, 30 A.L.R.6th 483.

Notes to Decisions

Hearing.

In an appeal from a trial court order denying a father’s request for a court hearing after the Child Support Division of the Department of Human Services suspended his drivers license for failure to comply with a child support payment plan, remand was required to hold a required hearing and determine if the father’s noncomplaince with the child support order was willful. State v. Rose, 2019 ND 298, 936 N.W.2d 49, 2019 N.D. LEXIS 286 (N.D. 2019).

Subject Matter Jurisdiction.

District court was without jurisdiction to review a child support agency’s decision to suspend a child support obligor’s license to drive and should have dismissed the obligor’s request for a hearing because the obligor failed to timely request a hearing as the obligor requested a hearing more than ten days after the date of the notice of the agency’s intent to suspend the obligor’s license. However, the obligor had ten days after the date of the notice to request a hearing for review. State v. Rose, 2018 ND 195, 916 N.W.2d 779, 2018 N.D. LEXIS 202 (N.D. 2018).

50-09-09. Award of assistance.

  1. Upon completion of the investigation of an applicant for assistance under this chapter, the human service zone or state agency shall determine, in accordance with the rules of the state agency:
    1. If the applicant may be provided assistance under the provisions of this chapter;
    2. The amount and type of any assistance the applicant may receive; and
    3. The date upon which such assistance may begin.
  2. In all cases, a statement of the findings of the human service zone forthwith must be transmitted to the state agency.

Source:

S.L. 1937, ch. 209, § 9; 1941, ch. 243, § 9; 1943, ch. 221, § 4; R.C. 1943, § 50-0909; S.L. 1987, ch. 571, § 5; 1997, ch. 404, § 64; 2019, ch. 391, § 105, effective January 1, 2020.

Notes to Decisions

Determination of Eligibility.

The Aid to Families of Dependent Children (AFDC) program is a grant-in-aid program established by the federal government and governed in turn by federal and state statutes and regulations. In this state, county social service boards, in accordance with the rules of the department of human services, have the duty of determining whether an applicant is eligible for AFDC assistance. S.W. v. North Dakota Dep't of Human Servs., 420 N.W.2d 344, 1988 N.D. LEXIS 42 (N.D. 1988).

Whether a “parent” is absent from the home is an element of AFDC eligibility. Consequently, determining parentage is incidental and necessary to the performance of the department’s duties, thus, the department, with the written acknowledgments of paternity in hand, was not required to adjudicate paternity in district court under this chapter before it could properly deny the claim for AFDC benefits. S.W. v. North Dakota Dep't of Human Servs., 420 N.W.2d 344, 1988 N.D. LEXIS 42 (N.D. 1988).

Paternity Determination.

The effect of the department of human services’ determination of paternity was limited to eligibility for Aid to Families of Dependent Children benefits. It could have no res judicata effect for any other purpose. S.W. v. North Dakota Dep't of Human Servs., 420 N.W.2d 344, 1988 N.D. LEXIS 42 (N.D. 1988).

Written Acknowledgment of Paternity.

The department of human services was entitled to rely upon the written acknowledgments of paternity signed by the mother and her companion for the limited purpose of determining eligibility for Aid to Families of Dependent Children (AFDC) benefits, although the mother had not been divorced from her prior husband when the children were born. S.W. v. North Dakota Dep't of Human Servs., 420 N.W.2d 344, 1988 N.D. LEXIS 42 (N.D. 1988).

50-09-10. Amount of assistance — Consideration of stepfather’s income. [Repealed]

Repealed by S.L. 1987, ch. 571, § 9.

50-09-10.1. State agency authorized to make seasonal adjustments to payment levels. [Repealed]

Repealed by S.L. 1987, ch. 571, § 9.

50-09-11. Redetermination of awards. [Repealed]

Repealed by S.L. 1987, ch. 571, § 9.

50-09-12. Records — State agency to make rules governing — Use of by other agencies limited. [Repealed]

Repealed by S.L. 1987, ch. 571, § 9.

50-09-13. Disclosure of information contained in records — Penalty. [Repealed]

Repealed by S.L. 1977, ch. 451, § 2.

Note.

For present provisions, see § 50-06-15.

50-09-14. Appeal and hearing — Review of child support actions.

  1. An applicant for or recipient of temporary assistance for needy families under this chapter, aggrieved because of a human service zone’s or state agency’s decision or delay in making a decision, may appeal to the state agency in the manner prescribed by the state agency and must be afforded a reasonable notice and opportunity for a fair hearing by the state agency. The state agency, on its own motion, may review individual cases and make determinations which are binding upon the human service zone. An applicant or recipient aggrieved by any such determination, upon request, must be afforded reasonable notice and opportunity for a fair hearing by the state agency. All decisions of the state agency made on an appeal are final and are binding upon and must be complied with by the human service zone.
  2. Any person aggrieved by an action taken by the state agency or a child support agency under section 14-09-25, chapter 35-34, this chapter, or by the North Dakota lottery director under chapter 53-12.1 to establish or enforce a child support order may seek review of the action in the court of this state which issued or considered the child support order. If an order for child support was issued by a court or administrative tribunal in another jurisdiction, any person aggrieved by an action taken by the state agency or a child support agency under section 14-09-25, chapter 35-34, this chapter, or by the North Dakota lottery director under chapter 53-12.1 to enforce that order may seek review of the action in any court of this state which has jurisdiction to enforce that order, or if no court of this state has jurisdiction to enforce that order, in any court of this state with jurisdiction over the necessary parties. Any review sought under this subsection must be commenced within thirty days after the date of action for which review is sought. A person who has a right of review under this subsection may not seek review of the actions in a proceeding under chapter 28-32.

Source:

S.L. 1937, ch. 209, §§ 9, 10; 1941, ch. 243, § 12; R.C. 1943, § 50-0914; S.L. 1997, ch. 404, § 65; 2001, ch. 152, § 9; 2003, ch. 454, § 2; 2005, ch. 470, § 3; 2009, ch. 419, § 13; 2019, ch. 391, § 106, effective January 1, 2020.

Effective Date.

The 2009 amendment of this section by section 13 of chapter 419, S.L. 2009 became effective August 1, 2009.

Notes to Decisions

Reopening Case.

Social service board has the power under this section to reopen aid to families with dependant children (AFDC) cases at request initiated by county social service board. Shackelford v. Social Serv. Bd., 299 N.W.2d 549, 1980 N.D. LEXIS 303 (N.D. 1980).

Right to a Hearing.

District court did not err by affirming an administrative enforcement action placing a lien on appellant’s personal property held by the Department of Corrections and Rehabilitation to pay his past due child support, because the lien was placed under N.D.C.C. § 35-34-06. Appellant had no right to a hearing on his motion for review, because the district court was not required to hold a hearing under N.D.C.C. § 50-09-14(2) and appellant did not request one. State v. Parizek, 2012 ND 103, 816 N.W.2d 799, 2012 N.D. LEXIS 101 (N.D. 2012).

50-09-15. Assistance for dependent children not assignable. [Repealed]

Repealed by S.L. 1987, ch. 386, § 2.

50-09-15.1. Child support improvement account — Continuing appropriation.

The child support improvement account is established as a special account in the state treasury. Five percent of the total amount of child support incentive payments paid to the state by the office of child support enforcement of the United States department of health and human services must be deposited into the child support improvement account. The funds in the child support improvement account, the balance of the child support incentives account on July 1, 2005, and any matching federal funds received by the state agency are appropriated on a continuing basis for the sole purpose of producing increases in child support collections, federal child support incentives, or other revenue or savings to the state agency, or reductions in unpaid child support, that exceed the total amount of improvement funds expended. Improvement funds may be used to sponsor training and publications that promote child support enforcement activities. The state agency shall develop and maintain a business plan that defines the goals and objectives of the child support enforcement program, identifies methods to increase child support collections or reduce unpaid child support, and outlines the process for evaluating progress toward the goals and objectives in the business plan. The state agency must maintain a record of its use of improvement funds and the anticipated result from the use of the funds. Improvement funds may only be used for activities that are included in the business plan maintained under this section.

Source:

S.L. 1993, ch. 478, § 1; 2005, ch. 416, § 3.

50-09-16. Aid to dependent children fund — Receipts for moneys received. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 78.

50-09-17. Disbursements of aid to dependent children fund — How made — Payment of aid and expenses of state agency. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 78.

50-09-18. Persons handling money of fund bonded. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13.

50-09-19. Care of child in boarding home or child-placing agency — How paid. [Repealed]

Repealed by S.L. 1987, ch. 571, § 9.

50-09-20. Appropriation of county funds. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13 and by S.L. 1997, ch. 404, § 79.

50-09-20.1. Amounts state liable for — Reimbursement by state. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 79.

50-09-20.2. Amount state liable for — Prepayment by state. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13.

50-09-21. Amount county liable for — Reimbursement by county. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 79.

50-09-21.1. County share of foster care costs. [Repealed]

Source:

S.L. 1999, ch. 34, § 10; repealed by 2015, ch. 329, § 11, effective January 1, 2016.

50-09-22. Procedure for reimbursement. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 79.

50-09-23. Fraudulent acts — Penalty. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

50-09-24. Limitations of chapter.

All assistance awarded under this chapter must be deemed to be awarded and to be held subject to the provisions of any amending or repealing act which may be passed, and no recipient shall have any claim for compensation, or otherwise, because that recipient’s assistance has been affected in any way by any amending or repealing act. Assistance provided under this chapter is not an entitlement. No person has a property interest in any assistance sought or provided under this chapter. This chapter may not be construed to require provision of assistance not required by federal law.

Source:

S.L. 1937, ch. 209, § 20; 1941, ch. 243, § 20; R.C. 1943, § 50-0924; 1997, ch. 404, § 72.

50-09-25. Authority to adopt rules.

The state agency may adopt rules reasonable or necessary to carry out its responsibilities under this chapter.

Source:

S.L. 1987, ch. 571, § 7.

50-09-26. Transition to training, education, employment, and management program. [Repealed]

Repealed by S.L. 2001, ch. 418, § 6.

50-09-27. Programs funded at state expense — Interpretation.

  1. The state shall bear the cost, in excess of the amount provided by the federal government, of:
    1. Services provided under this chapter as child care assistance;
    2. Services provided under this chapter as employment and training programs;
    3. Temporary assistance for needy families benefits provided under this chapter; and
    4. Foster care and subsidized adoption costs under this chapter.
  2. This section does not grant any recipient of services, benefits, or supplements identified in subsection 1, any service, benefit, or supplement that a recipient could not claim in the absence of this section.

Source:

S.L. 1997, ch. 404, § 74; 2015, ch. 329, § 7, effective January 1, 2016.

Effective Date.

The 2015 amendment of this section by section 7 of chapter 329, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

50-09-28. Substitution of terms — Meaning of title IV-A.

Whenever the term “aid to families with dependent children”, or any derivative of that term, appears in this code or the North Dakota Administrative Code, used in a context that refers to a period following the effective date of a state plan submitted under section 402 of the Social Security Act, as added by title I of Pub. L. 104-193; 110 Stat. 2110, the term “temporary assistance for needy families”, or a derivative of that term, must be substituted therefor. The term “title IV-A of the Social Security Act”, or any derivative of that term, whenever it appears in this code or the North Dakota Administrative Code, used in a context that refers to a period following the effective date of a state plan submitted under section 402 of the Social Security Act, as added by title I of Pub. L. 104-193; 110 Stat. 2110, refers to title IV-A of the Social Security Act, as amended by section 103 of Pub. L. 104-193; 110 Stat. 2112 et seq.

Source:

S.L. 1997, ch. 404, § 75.

50-09-29. Requirements for administration of temporary assistance for needy families.

  1. Except as provided in subsections 2, 3, and 4, the state agency, in its administration of the temporary assistance for needy families program, shall:
    1. Provide assistance to otherwise eligible women in the third trimester of a pregnancy;
    2. Except as provided in subdivision c, afford eligible households benefits for no more than sixty months;
    3. Exempt eligible households from the requirements of subdivision b due to mental or physical disability of a parent or child, mental or physical incapacity of a parent, or other hardship including a parent subject to domestic violence as defined in section 14-07.1-01;
    4. Unless an exemption, exclusion, or disregard is required by law, count income and assets whenever actually available;
    5. Except as provided in subdivision j, and as required to allow the state to receive funds from the federal government under title IV-A, provide no benefits to noncitizen immigrants who arrive in the United States after August 21, 1996;
    6. Limit eligibility to households with total available assets, not otherwise exempted or excluded, of a value established by the state agency;
    7. Exclude one motor vehicle of any value in determining eligibility;
    8. Require work activities for all household members not specifically exempted by the state agency for reasons such as mental or physical disability of a parent or child or mental or physical incapacity of a parent;
    9. Establish goals and take action to prevent and reduce the incidence of out-of-wedlock pregnancies and establish numerical goals for reducing the illegitimacy rate for the state for periods through calendar year 2005;
    10. To the extent required to allow the state to receive funds from the federal government under title IV-A, provide benefits to otherwise eligible noncitizens who are lawfully present in the United States;
    11. Establish and enforce standards against program fraud and abuse;
    12. Provide employment placement programs;
    13. Exempt from assets and income the savings and proportionate matching funds in individual development accounts;
    14. Determine the unemployment rate of adults living in a county that includes Indian reservation lands and a significant population of Indian individuals by using unemployment data provided by job service North Dakota;
    15. When appropriate, require household members to complete high school;
    16. To the extent required to allow the state to receive funds from the federal government under title IV-A, exempt single parents from required work activities;
    17. Provide for sanctions, including termination of assistance to the household, if a household member fails to cooperate with work requirements;
    18. Provide for sanctions, including termination of assistance to the household, if a household member fails, without good cause, to cooperate with child support activities;
    19. Deny assistance with respect to a minor child absent from the household for more than one calendar month, except as specifically provided by the state agency for absences;
    20. Require each household to participate in developing an individual employment plan and provide for sanctions, including termination of assistance to the household, if adult or minor household members age sixteen or older fail to cooperate with the terms of the individual employment plan;
    21. Provide pre-pregnancy family planning services that are to be incorporated into the temporary assistance for needy families program assessment;
    22. Except in cases of pregnancy resulting from rape or incest, not increase the assistance amount to recognize the increase in household size when a child is born to a household member who was a recipient of assistance under this chapter during the probable month of the child’s conception;
    23. Disregard earned income as an incentive allowance for no more than twelve months; and
    24. Consider, and if determined appropriate, authorize demonstration projects in defined areas which may provide benefits and services that are not identical to benefits and services provided elsewhere.
  2. If the secretary of the United States department of health and human services determines that funds otherwise available for the temporary assistance for needy families program in this state must be reduced or eliminated should the state agency administer the program in accordance with any provision of subsection 1, the state agency shall administer the program in a manner that avoids the reduction or loss.
  3. If the state agency determines, subject to the approval of the legislative management, that there is insufficient worker opportunity, due to increases in the unemployment rate, to participate in work activities, the state agency may administer the temporary assistance for needy families program in a manner different than provided in subsection 1.
  4. If the state agency determines, subject to the approval of the legislative management, that administration of the temporary assistance for needy families program, in the manner provided by subsection 1, causes otherwise eligible individuals to become a charge upon the human service zones under chapter 50-01, the state agency may administer the program in a manner that avoids that result.
  5. The state agency may not deny assistance to any individual who has been convicted of a felony offense that has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substance Act [21 U.S.C. 802(6)].

Source:

S.L. 1997, ch. 404, § 76; 1999, ch. 421, § 2; 2001, ch. 418, § 4; 2003, ch. 411, § 3; 2009, ch. 482, § 35; 2009, ch. 522, § 1; 2013, ch. 367, § 6; 2015, ch. 335, § 1, effective August 1, 2015; 2017, ch. 108, § 17, effective April 21, 2017; 2019, ch. 391, § 107, effective January 1, 2020.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 335, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 6 of chapter 367, S.L. 2013 became effective August 1, 2013.

The 2009 amendment of this section by section 35 of chapter 482, S.L. 2009 became effective August 1, 2009.

The 2009 amendment of this section by section 1 of chapter 522, S.L. 2009 became effective July 1, 2009.

50-09-30. Child support agencies exempt from certain fees.

The recorder and secretary of state may not charge or collect any fee otherwise prescribed by law from a state or human service zone engaged in the establishment of paternity or the establishment, modification, or enforcement of child support orders.

Source:

S.L. 2001, ch. 152, § 7; 2019, ch. 391, § 108, effective January 1, 2020.

50-09-31. Victims of domestic violence — Duties of state agency.

  1. The state agency shall:
    1. Inform all temporary assistance for needy families applicants and recipients of the options available under the domestic violence option;
    2. Screen all applicants to determine who are past or present victims of domestic violence or at risk of further domestic violence;
    3. Refer these individuals to a local domestic violence sexual assault organization for safety planning and supportive services; and
    4. Determine if good cause exists to waive work requirements or time limits on receipt of benefits for victims of domestic violence.
  2. For purposes of this section:
    1. “Domestic violence option” means the provision of title IV-A under which a state may elect to implement a special program to serve victims of domestic violence.
    2. “Domestic violence sexual assault organization” has the meaning provided in section 14-07.1-01.
    3. “Victims of domestic violence” means a person subject to domestic violence as defined in section 14-07.1-01.

Source:

S.L. 2001, ch. 418, § 5.

50-09-32. Disclosure of identity of child support obligors.

  1. To the extent permitted by federal law, the state agency may disclose information to the public about a parent whose location is unknown or about an obligor who is listed on the arrears registry and owes past-due child support in an amount greater than ten thousand dollars, including the person’s name, last-known address, date of birth, occupation, photograph, amount of child support owed, the number and ages of the children for whom support is owed, and any other information that would assist in locating the person.
  2. Prior to disclosing information about an obligor under this section, the state agency shall send to each obligor whose name will be released a notice by regular mail to the obligor’s last-known address. The notice must contain the information the state agency plans to release and give the obligor thirty days to object to the accuracy of the information. The notice must state that the obligor may avoid public disclosure of the information under this section if the obligor provides the state agency with the obligor’s current address and employer and makes a child support payment in an amount equal to the amount of child support the obligor is required to pay each month under section 14-09-09.30. Information regarding an obligor who owes any past-due support may be disclosed if at any time after receiving a notice under this subsection the obligor fails to make a required child support payment in an amount determined under section 14-09-09.30.
  3. The state agency shall obtain the written consent of the obligee before disclosing information regarding an obligor under subsection 1.
  4. The state agency must develop and maintain a list of the names, addresses, and amounts of past-due support owed by obligors who have been found in contempt of court in this state for failure to comply with a child support order or who have been found guilty of willful failure to pay child support under section 12.1-37-01. Notwithstanding subsections 2 and 3, to the extent permitted by federal law, the state agency must release the list upon request under section 44-04-18. The state agency may remove from the list any obligor who no longer owes past-due support, any obligor who is deceased or whose obligation is being enforced in another jurisdiction, or any obligor whose conviction under section 12.1-37-01 has been sealed.
  5. The state agency, its employees and agents, and any person publishing information that is disclosed under this section is immune from any civil or criminal liability resulting from the disclosure of information under this section.

Source:

S.L. 2003, ch. 413, § 1; 2005, ch. 415, § 20; 2007, ch. 148, § 16; 2019, ch. 103, § 3, effective August 1, 2019.

Effective Date.

The 2007 amendment of this section by section 16 of chapter 148, S.L. 2007 became effective July 1, 2007.

50-09-33. Continuing appropriation — Cooperative agreements for child support enforcement services.

All federal funds and other income generated by the state agency under a cooperative agreement with an Indian tribe for child support enforcement services are appropriated on a continuing basis for the sole purpose of hiring additional staff and payment of other expenses as necessary to carry out the state agency’s duties under the agreements.

Source:

S.L. 2003, ch. 125, § 12; 2005, ch. 415, § 21; 2007, ch. 417, § 10.

Effective Date.

The 2007 amendment of this section by section 10 of chapter 417, S.L. 2007 became effective July 1, 2007.

50-09-34. Administration of child support enforcement activities. [Repealed]

Repealed by S.L. 2007, ch. 417, § 15.

50-09-35. Child support deduction order.

  1. The state agency, directly or through agents, may issue an order requiring an income payer to deduct the amount identified in the order from the portion of any lump sum payment to an obligor that has been withheld under section 14-09-09.34.
  2. The state agency, directly or through agents, may issue an order requiring a financial institution to deduct the amount identified in the order from any account of the obligor maintained in the financial institution.
  3. The state agency shall serve the order on the income payer or financial institution in the manner provided for service of a summons in a civil action or in any other manner agreed to by the income payer or financial institution. The state agency shall serve a copy of the order upon the obligor by first-class mail to the obligor’s last-known address, along with a notice of the obligor’s right to claim that the property is exempt from legal process under section 28-22-02, the right to request an informal review by the state agency within ten days of the date of the notice, and the right of the obligor and any other aggrieved person to a review by a court under section 50-09-14. If an informal review is requested under this subsection, the time for requesting a review by a court under section 50-09-14 does not expire until thirty days after the informal review is completed.
  4. The income payer or financial institution shall deduct the amount identified in the order or the balance of the account, whichever is less, and transmit the funds to the state disbursement unit within seven business days of the date the order is served.
  5. An order issued under this section has priority over any other legal process against the same account, except to the extent necessary to satisfy any right of setoff which exists in connection with an account, payment orders that were made by the obligor before the financial institution was served with the order, or other obligations of the obligor based upon written agreements or instruments made or issued by the obligor before the financial institution was served with the order.
  6. An income payer or financial institution may also withhold and retain an additional sum of three dollars from the obligor’s account or from the amount retained under section 14-09-09.34 to cover expenses involved in transmitting payment.
  7. An income payer or financial institution receiving an order under this section is subject to the same duties and liabilities as an income payer under section 14-09-09.3 unless the context indicates otherwise and is immune from suit or liability for complying with an order under this section.

Source:

S.L. 2005, ch. 415, § 18.

50-09-36. Protest period.

Except as authorized by the obligor, the state agency shall hold any funds collected under section 28-21-05.2, 50-09-35, or 50-09-40 and may not disburse the funds as a collection of child support until the time has expired for requesting a review by a court under section 50-09-14 or the conclusion of the review, whichever is later. Interest does not accrue under section 28-20-34 after the funds are received by the state agency.

Source:

S.L. 2005, ch. 415, § 19; 2009, ch. 419, § 14.

Effective Date.

The 2009 amendment of this section by section 14 of chapter 419, S.L. 2009 became effective July 1, 2010.

50-09-37. Health insurance data match.

An insurer as defined in section 26.1-36.5-01 shall exchange health insurance information with the state agency for the purpose of establishing or enforcing a medical support obligation. An insurer shall provide the health insurance information required in this section to the state agency or its agent not more frequently than twelve times in a year. The insurer shall provide the information required in this section at no cost if the information is in a readily available structure or format. If the state agency requests the information in a structure or format that is not readily available, the insurer may charge a reasonable fee for providing the information, not to exceed the actual cost of providing the information. The state agency and its agents may not use or disclose any information provided by the insurer under this section except to establish or enforce a child support or medical support obligation, or as otherwise permitted or required by law. An insurer may not be held liable for the release of health insurance information to the state agency or its agents under this section.

Source:

S.L. 2007, ch. 148, § 17.

Effective Date.

This section became effective April 11, 2007, pursuant to an emergency clause in section 18 of chapter 148, S.L. 2007.

50-09-38. Transition assistance for child care.

The state agency shall establish a program of transition assistance to pay a portion of the cost of child care for families that lose eligibility, and remain ineligible, for benefits under section 50-09-29 due to earnings from employment. This program must:

  1. Provide benefits for up to the six months following the loss of benefits under section 50-09-29;
  2. Pay assistance to the child care provider; and
  3. Meet all requirements to be considered “assistance” for purposes of title 45, Code of Federal Regulations, part 260, section 31, or any substantially similar federal regulation that may replace title 45, Code of Federal Regulations, part 260, section 31.

Source:

S.L. 2007, ch. 418, § 1; 2011, ch. 356, § 1.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 356, S.L. 2011 became effective August 1, 2011.

This section became effective July 1, 2007.

50-09-39. Employment of special assistant attorneys general.

The state agency may employ attorneys to carry out its duties in administering the child support enforcement and medical support enforcement programs. Any attorney who represents the state agency under this chapter must be a special assistant attorney general appointed by the attorney general under section 54-12-08. The salary and expenses of each special assistant attorney general must be paid by the state agency. An appointment under this section is revocable at the pleasure of the attorney general.

Source:

S.L. 2007, ch. 417, § 11.

Effective Date.

This section became effective July 1, 2007.

50-09-40. Report of gambling winnings.

Before a gaming operator makes a payment of winnings for which the gaming operator is required to file an internal revenue service form W-2G or substantially equivalent form, the gaming operator shall obtain the name, address, and social security number of the winner and submit the information to the state agency through a secure interactive website that is maintained by the state agency. If the state agency replies to the gaming operator that the winner does not owe past-due support or if the gaming operator is unable to receive information from the state agency after attempting in good faith to do so, the gaming operator may make the payment to the winner. If the state agency replies that the winner owes past-due support, the reply must include the amount of past-due support owed by the winner and the location of the office with which the winner may file a protest under section 50-09-14. The gaming operator shall withhold from the payment to the winner an amount equal to the total winnings or the amount of past-due support, whichever is less. Within seven business days after withholding the payment, the gaming operator shall send the amount withheld to the state disbursement unit, along with the name, address, and social security number of the winner. The gaming operator may withhold and retain an additional sum of three dollars from the winner to cover expenses involved in sending the payment. A gaming operator that withholds funds under this section is subject to the same duties and liabilities as an income payer under section 14-09-09.3 unless the context indicates otherwise and is immune from suit or liability for complying with this section.

Source:

S.L. 2009, ch. 419, § 15.

Effective Date.

This section becomes effective July 1, 2010.

CHAPTER 50-10 Aid to Crippled Children [Repealed]

[Repealed by S.L. 2007, chapter 39, § 23]

50-10-01. Definitions. [Repealed]

Repealed by S.L. 2007, ch. 39 § 23.

50-10-02. Crippled children’s commission — Members — Appointment — Term of office — Removal. [Repealed]

Repealed by S.L. 1971, ch. 468, § 5.

50-10-03. Commission — Compensation — Chairman. [Repealed]

Repealed by S.L. 1971, ch. 468, § 5.

50-10-04. Commission — Powers. [Repealed]

Repealed by S.L. 1971, ch. 468, § 5.

50-10-05. Administration of services for crippled children by state agency. [Repealed]

Repealed by S.L. 2007, ch. 39, § 23.

50-10-06. Duties of the state agency. [Repealed]

Repealed by S.L. 2007, ch. 39, § 23.

50-10-07. Birth report of crippled child made to state agency. [Repealed]

Repealed by S.L. 2007, ch. 39, § 23.

50-10-08. Birth report of crippled child — Use — Confidential. [Repealed]

Repealed by S.L. 2007, ch. 39, § 23.

50-10-09. Duties of the county agencies. [Repealed]

Repealed by S.L. 2007, ch. 39, § 23.

50-10-10. Russell-Silver syndrome — Services — Definitions. [Repealed]

Repealed by S.L. 2007, ch. 39, § 23.

CHAPTER 50-10A Aid to the Permanently and Totally Disabled [Repealed]

[Repealed by S.L. 1963, ch. 328, § 2]

Note.

For present provisions relating to medical assistance for needy persons, see chapter 50-24.1.

CHAPTER 50-10.1 Long-Term Care Ombudsmen

50-10.1-01. Definitions. [Effective through August 31, 2022]

As used in this chapter:

  1. “Administrative action” means any action or decision made by an owner, employee, or agent of a long-term care facility, or by a public agency, which affects the provision of services to a resident of a long-term care facility.
  2. “Department” means the department of human services.
  3. “Long-term care facility” means any skilled nursing facility, basic care facility, nursing home as defined in subsection 3 of section 43-34-01, assisted living facility, or swing-bed hospital approved to furnish long-term care services; provided, that a facility, as defined in section 25-01.2-01, providing services to individuals with developmental disabilities is not a long-term care facility.
  4. “Resident” means an individual residing in and receiving personal care from a long-term care facility.

Source:

S.L. 1983, ch. 524, § 1; 1985, ch. 524, § 1; 1989, ch. 317, § 7; 2003, ch. 214, § 17; 2015, ch. 200, § 34, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 34 of chapter 200, S.L. 2015 became effective August 1, 2015.

50-10.1-01. Definitions. [Effective September 1, 2022]

As used in this chapter:

  1. “Administrative action” means any action or decision made by an owner, employee, or agent of a long-term care facility, or by a public agency, which affects the provision of services to a resident of a long-term care facility.
  2. “Department” means the department of health and human services.
  3. “Long-term care facility” means any skilled nursing facility, basic care facility, nursing home as defined in subsection 3 of section 43-34-01, assisted living facility, or swing-bed hospital approved to furnish long-term care services; provided, that a facility, as defined in section 25-01.2-01, providing services to individuals with developmental disabilities is not a long-term care facility.
  4. “Resident” means an individual residing in and receiving personal care from a long-term care facility.

Source:

S.L. 1983, ch. 524, § 1; 1985, ch. 524, § 1; 1989, ch. 317, § 7; 2003, ch. 214, § 17; 2015, ch. 200, § 34, effective August 1, 2015; 2021, ch. 352, § 415, effective September 1, 2022.

50-10.1-02. Appointment of state and local long-term care ombudsmen.

The department shall employ a state long-term care ombudsman and local long-term care ombudsmen as the department determines necessary within the limits of legislative appropriations.

Source:

S.L. 1983, ch. 524, § 2; 2015, ch. 336, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 336, S.L. 2015 became effective August 1, 2015.

50-10.1-03. Duties of state long-term care ombudsman.

The state long-term care ombudsman shall:

  1. Investigate and resolve complaints about administrative actions that may adversely affect or may have adversely affected the health, safety, welfare, or personal or civil rights of individuals in long-term care facilities or individuals who have been discharged from long-term care facilities within one month of the complaint against the facility.
  2. Monitor the development and implementation of federal, state, and local laws, regulations, and policies that relate to long-term care facilities in the state.
  3. Gather and disseminate information to public agencies about the problems of persons in long-term care facilities.
  4. Train volunteers and assist in the development of citizen organizations to participate in the ombudsman programs.
  5. Report to any state agency those factors found by the state long-term care ombudsman to relate to those duties of that agency which impact on the care given to residents of a long-term care facility in this state.
  6. Act as an advocate for residents of long-term care facilities.
  7. Carry out any activities consistent with the requirements of this chapter, including the delegation to regional or volunteer community long-term care ombudsmen of any duties imposed by this chapter, which the executive director of the department deems appropriate.
  8. Adopt rules in accordance with chapter 28-32 consistent with and necessary for the implementation and enforcement of this chapter.

Source:

S.L. 1983, ch. 524, § 3; 1985, ch. 524, § 2; 1987, ch. 576, § 1; 2019, ch. 418, § 1, effective August 1, 2019.

50-10.1-04. Access to facilities and records.

To carry out the powers and duties of this chapter, the state long-term care ombudsman and the ombudsman’s authorized agents shall:

  1. Have access to all long-term care facilities within the state and shall have private access to any resident within any long-term care facility within the state.
  2. Have access to all social and medical records of a resident if:
    1. The ombudsman or the ombudsman’s authorized agent has the permission of the resident or the legal representative of the resident;
    2. Access to the records is necessary to investigate a complaint and the resident is unable to consent to the review and has no legal representative; or
    3. A legal representative of the resident refuses to give the permission and the ombudsman or the ombudsman’s authorized agent has reasonable cause to believe that the legal representative is not acting in the best interests of the resident and the state long-term care ombudsman approves access.

Source:

S.L. 1983, ch. 524, § 4; 2015, ch. 336, § 2, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 336, S.L. 2015 became effective August 1, 2015.

50-10.1-05. Information to be posted — Retaliation prohibited.

Information about the ombudsman program must be posted in a conspicuous place in each long-term care facility, along with how to file a complaint concerning administrative actions which affect any resident and the address where a complaint may be filed. Each resident, the spouse of each resident having a spouse, and any designated representative of a resident must be provided with information about the ombudsman program at the time the resident is admitted to the long-term care facility. A long-term care facility, and its agents, may not take or threaten retaliatory action against a resident, employee, or any other person on account of the filing of a complaint by or on behalf of that resident, or on account of the providing of information to a long-term care ombudsman constituting or relating to a complaint.

Source:

S.L. 1983, ch. 524, § 5; 1985, ch. 524, § 3; 1987, ch. 576, § 2; 2015, ch. 336, § 3, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 336, S.L. 2015 became effective August 1, 2015.

50-10.1-06. Establishment of reporting system — Recognition of reports by ombudsmen.

The department shall establish a statewide uniform reporting system to collect and analyze information on complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems. The department shall submit this information to the appropriate state agency which is responsible for the licensing or certification of the long-term care facility involved and to the appropriate federal agency. Each state agency responsible for licensing or certification of long-term care facilities shall coordinate its activities with the statewide uniform reporting system by submitting to the department in a timely manner all complaints and information it receives on conditions that adversely affect the health, safety, welfare, or personal or civil rights of residents; provided, that the information is not privileged under the law. The ombudsman program may recognize investigative reports conducted by an appropriate agency or organization.

Source:

S.L. 1983, ch. 524, § 6; 1985, ch. 524, § 4; 1987, ch. 576, § 3.

50-10.1-07. Confidentiality and disclosure of records and files.

Those records and files of the state and local ombudsman, and their authorized agents, which relate to, or identify any resident of a long-term care facility or a complainant, are confidential and may not be disclosed unless:

  1. A resident, or a legal guardian or attorney in fact, consents in writing to the release of the information and designates to whom the information must be disclosed;
  2. The ombudsman authorizes a disclosure which does not reveal the identity of any complainant or resident; or
  3. A court of competent jurisdiction orders the disclosure.

Source:

S.L. 1983, ch. 524, § 7; 1985, ch. 524, § 5; 2015, ch. 336, § 4, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 336, S.L. 2015 became effective August 1, 2015.

CHAPTER 50-10.2 Rights of Health Care Facility Residents

50-10.2-01. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “Authorized electronic monitoring” means the placement and use of an authorized electronic monitoring device, by a resident or resident representative, in the resident’s room.
  2. “Authorized electronic monitoring device” means video surveillance cameras, monitoring devices, web-based cameras, video phones, or audio recording or transmitting devices, or a combination of these devices, installed in the room of a resident which are designed to acquire, transmit, broadcast, interact, or record video, communications, or other sounds occurring in the room. The term does not include still cameras or devices used for the purpose of the resident having contact with another person but not for the purpose of electronically monitoring a resident.
  3. “Conflict of interest” means any type of ownership in a facility or membership on the governing body of a facility by a provider of goods or services to that facility or by a member of that individual’s immediate family.
  4. “Department” means the department of human services.
  5. “Facility” means a skilled nursing care facility, basic care facility, assisted living facility, or swing-bed hospital approved to furnish long-term care services.
  6. “Immediate family” means husband, wife, father, mother, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepchild, uncle, aunt, niece, nephew, or grandchild.
  7. “Remodeling” means any alteration in structure, refurbishing, or repair that would:
    1. Prevent the facility staff from providing customary and required care; or
    2. Seriously endanger or inconvenience any resident with noise, dust, fumes, inoperative equipment, or the presence of remodeling workers.
  8. “Resident” means an individual residing in a facility.
  9. “Resident representative” means a person authorized to act as a resident’s agent under power of attorney for health care or guardianship.

Source:

S.L. 1983, ch. 525, § 1; 1987, ch. 577, § 1; 1989, ch. 317, § 8; 2003, ch. 214, § 18; 2019, ch. 403, § 2, effective August 1, 2019.

Collateral References.

Criminal liability under statutes penalizing abuse or neglect of the institutionalized infirm, 60 A.L.R.4th 1153.

50-10.2-01. Definitions. [Effective September 1, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “Authorized electronic monitoring” means the placement and use of an authorized electronic monitoring device, by a resident or resident representative, in the resident’s room.
  2. “Authorized electronic monitoring device” means video surveillance cameras, monitoring devices, web-based cameras, video phones, or audio recording or transmitting devices, or a combination of these devices, installed in the room of a resident which are designed to acquire, transmit, broadcast, interact, or record video, communications, or other sounds occurring in the room. The term does not include still cameras or devices used for the purpose of the resident having contact with another person but not for the purpose of electronically monitoring a resident.
  3. “Conflict of interest” means any type of ownership in a facility or membership on the governing body of a facility by a provider of goods or services to that facility or by a member of that individual’s immediate family.
  4. “Department” means the department of health and human services.
  5. “Facility” means a skilled nursing care facility, basic care facility, assisted living facility, or swing-bed hospital approved to furnish long-term care services.
  6. “Immediate family” means husband, wife, father, mother, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepchild, uncle, aunt, niece, nephew, or grandchild.
  7. “Remodeling” means any alteration in structure, refurbishing, or repair that would:
    1. Prevent the facility staff from providing customary and required care; or
    2. Seriously endanger or inconvenience any resident with noise, dust, fumes, inoperative equipment, or the presence of remodeling workers.
  8. “Resident” means an individual residing in a facility.
  9. “Resident representative” means a person authorized to act as a resident’s agent under power of attorney for health care or guardianship.

Source:

S.L. 1983, ch. 525, § 1; 1987, ch. 577, § 1; 1989, ch. 317, § 8; 2003, ch. 214, § 18; 2019, ch. 403, § 2, effective August 1, 2019; 2021, ch. 352, § 416, effective September 1, 2022.

50-10.2-02. Residents’ rights — Implementation.

  1. All facilities shall, upon a resident’s admission, provide in hand to the resident and a member of the resident’s immediate family or any existing legal guardian of the resident a statement of the resident’s rights while living in the facility. Within thirty days after admission, the statement must be orally explained to the resident and, if the resident is unable to understand, to the resident’s immediate family member or members and any existing legal guardian of the resident, and thereafter annually so long as the resident remains in the facility. The statement must include rights, responsibilities of both the resident and the facility, and rules governing resident conduct. Facilities shall treat residents in accordance with provisions of the statement. The statement must include provisions ensuring each resident the following minimum rights:
    1. The right to civil and religious liberties, including knowledge of available choices, the right to independent personal decisions without infringement, and the right to encouragement and assistance from the staff of the facility to promote the fullest possible exercise of these rights.
    2. The right to have private meetings, associations, and communications with any person of the resident’s choice within the facility.
    3. The right of each resident, the resident’s immediate family, any existing legal guardian of the resident, friends, facility staff, and other persons to present complaints on the behalf of the resident to the facility’s staff, the facility’s administrator, governmental officials, or to any other person, without fear of reprisal, interference, coercion, discrimination, or restraint. The facility shall adopt a grievance process and make the process known to each resident and, if the resident is unable to understand, to the resident’s immediate family member or members and any existing legal guardian of the resident. An individual making a complaint in good faith is immune from any civil liability that otherwise might result from making the complaint.
    4. The right to send and receive unopened personal mail and electronic mail and the right of access to and use of telephones and electronic devices for private conversations.
    5. The right to assured private visits by one’s spouse, or if both are residents of the same facility, the right to share a room, within the capacity of the facility, unless sharing a room is not medically advisable as documented in the medical records by the attending physician.
    6. The right to manage one’s own financial affairs if not under legal guardianship, or to delegate that responsibility in writing to the administrator or manager of the facility, but only to the extent of funds held in trust by the facility for the resident. If such a trust is established, then a written quarterly accounting of any transactions made on behalf of the resident must be furnished along with an explanation by the facility to the resident or the person legally responsible for the resident.
    7. The right to be fully informed in writing prior to or at the time of admission and during one’s stay, of services provided and the charges for those services, including ancillary charges. Residents, or their legal guardians, must be informed at least thirty days prior to any change in the costs or availability of the services. No facility may demand or receive any advance payment or gratuity to assure admission.
    8. The right to be adequately informed of one’s medical condition and proposed treatment and to participate in the planning of all medical treatment, including the right to refuse medication and treatment, to be discharged from the facility upon written request, and to be notified by the resident’s attending physician of the medical consequences of any such actions.
    9. The right to have privacy in treatment and in caring for personal needs, to use personal belongings, to have security in storing and using personal possessions, and to have confidentiality in the treatment of personal and medical records. The resident has the right to view, and authorize release of, any personal or medical records.
    10. The right to be treated courteously, fairly, and with the fullest measure of dignity.
    11. The right to be free from mental and physical abuse and the right to be free from physical or chemical restraint except in documented emergencies or when necessary to protect the resident from injury to self or to others. In such cases, the restraint must be authorized and documented by a physician for a limited period of time and, if the restraint is a chemical one, it must be administered by a licensed nurse or physician. Except as provided in this subdivision, drugs or physical restraints may not be used or threatened to be used for the purposes of punishment, for the convenience of staff, for behavior conditioning, as a substitute for rehabilitation or treatment, or for any other purpose not part of an approved treatment plan.
    12. The right not to be transferred or discharged except for:
      1. Medical reasons;
      2. The resident’s welfare or that of other residents;
      3. Nonpayment of one’s rent or fees; or
      4. A temporary transfer during times of remodeling.
    13. The right to receive at least a thirty-day written advance notice of any transfer or discharge when the resident is being discharged to another facility or the resident’s own home, or when the resident is being transferred or discharged because of a change in the resident’s level of care; however, advance notice of transfer or discharge may be less than thirty days if the resident has urgent medical needs that require a more immediate transfer or discharge, or a more immediate transfer or discharge is required to protect the health and safety of residents and staff within the facility.
    14. The right to refuse to perform services on behalf of the facility, unless agreed to by the resident or legal guardian and established in the plan of care.
    15. The right to a claim for relief against a facility for any violation of rights guaranteed under this chapter.
    16. The right to have each facility display a notice that the following information is available for public review and make the information available on request:
      1. A complete copy of every inspection report, deficiency report, and plan of correction the facility received during the previous two years.
      2. The facility’s grievance process.
      3. A copy of the statement of ownership, board membership, and partners.
      4. A statement of ownership setting forth any conflict of interest in the operation of the facility.
    17. The right to a pharmacist of the resident’s choice irrespective of the type of medication distribution system used by the facility.
    18. The right to not be discriminated against by a facility in the admissions process or in the provision of appropriate care on the basis of the resident’s source of payment to the facility. Any applicant for admission to a facility who is denied admission must be given the reason for the denial in writing upon request.
    19. The right of residents and their families to organize, maintain, and participate in resident advisory and family councils.
    20. The right of residents receiving services performed by a provider from outside the facility to be informed, on request, of the identity of the provider.
  2. Waiver of any of the rights guaranteed by this chapter may not be made a condition of admission to a facility.
  3. Each facility shall prepare a written plan and provide staff training to implement this chapter.
  4. The department shall develop and coordinate with the facility licensing and regulatory agencies a relocation plan in the event a facility is decertified or unlicensed.

Source:

S.L. 1983, ch. 525, § 2; 1987, ch. 577, § 2; 2009, ch. 421, § 1; 2015, ch. 337, § 1, effective August 1, 2015; 2021, ch. 366, § 1, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 337, S.L. 2015 became effective August 1, 2015.

The 2009 amendment of this section by section 1 of chapter 421, S.L. 2009 became effective August 1, 2009.

50-10.2-02.1. Authorized electronic monitoring — Penalty.

  1. A facility shall permit a resident or the resident representative to conduct authorized electronic monitoring of the resident’s room through an authorized electronic monitoring device if:
    1. The authorized electronic monitoring device is placed in the resident’s room;
    2. The electronic monitoring device is placed in a fixed, stationary position; monitors only the area occupied by the resident and not the area occupied by the resident’s roommate; and protects the privacy and dignity of the resident;
    3. The facility is given written notice of the placement and use which must include an installation plan in compliance with the facility’s standards and regulations the facility provides to the resident;
    4. A video tape or recording created using an authorized electronic monitoring device records the date and time;
    5. All costs, except for electricity, associated with the authorized electronic monitoring device, including installation, operation, removal, repairs, room damage, and maintenance, are paid by the resident or resident representative who initiated the use of the authorized electronic monitoring device; and
    6. A signed authorization for the disclosure of protected health information, as defined by title 45, Code of Federal Regulations, part 160, section 103, compliant with the federal Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104-191; 110 Stat. 1936; 29 U.S.C. 1181 et seq.] and consenting to the use of the device is given by each resident occupying the same room, or by that resident’s resident representative in accordance with subsection 4.
  2. A facility that uses an authorized electronic monitoring device in compliance with this chapter is not guilty of a crime or civilly liable under this code for a violation of a resident’s privacy.
  3. The facility shall cooperate to accommodate the placement of the authorized electronic monitoring device, unless doing so would place undue burden on the facility.
  4. Before placing and using the authorized electronic monitoring device, a resident or resident representative shall obtain the signed authorization of any other resident residing in the room in accordance with subsection 1. The authorization may be signed by that resident’s resident representative.
    1. The resident’s or the resident representative’s authorization may limit the use of an authorized electronic monitoring device to only audio monitoring or only video monitoring and may limit the device’s time of operation, direction, and focus.
    2. At any time, a resident or resident representative who did not request the authorized electronic monitoring device in the resident’s room may withdraw, in writing, the signed authorization for the use of the device. The resident who requested the device or the resident’s resident representative is responsible for having the device disabled in compliance with the facility’s standards and regulations after receipt of the written withdrawal.
  5. The facility shall make a reasonable attempt to accommodate a resident if a resident or resident representative of a resident who is residing in a shared room wants to have an authorized electronic monitoring device placed in the room and another resident living in the same shared room refuses to authorize the use of the authorized electronic monitoring device.
  6. If authorized electronic monitoring is being conducted in the room of a resident, and another resident will be moved into the room, the resident who requested the device or the resident’s resident representative is responsible for having the existing authorized electronic monitoring device disabled in compliance with the facility’s standards and regulations unless the new resident or the resident’s resident representative authorizes the device pursuant to subsections 1 and 4.
  7. A facility may not refuse to admit an individual and may not remove a resident from a facility because of authorized electronic monitoring of a resident’s room. A person may not intentionally retaliate or discriminate against a resident for authorization of authorized electronic monitoring.
  8. A facility clearly and conspicuously shall post a sign where authorized electronic monitoring is being conducted to alert and inform visitors.
  9. A facility or staff of the facility may not access any video or audio recording created through an authorized electronic monitoring device placed in a resident’s room without the written consent of the resident or resident representative or court order.
  10. A person that intentionally hampers, obstructs, tampers with, or destroys a recording or an authorized electronic monitoring device placed in a resident’s room, without the express written consent of the resident or resident representative, is subject to a class B misdemeanor. A person that places an electronic monitoring device in the room of a resident or which uses or discloses a tape or other recording made by the device may be guilty of a crime or civilly liable for any unlawful violation of the privacy rights of another. In any civil proceeding, administrative proceeding, or survey process, material obtained through the use of an authorized electronic monitoring device may not be used if a person intentionally hampered, obstructed, or tampered with the material without the express written consent of the resident or resident representative, or if the material was obtained through the operation of an electronic monitoring device which was not compliant with this section.
  11. A person may not intercept a communication or disclose or use an intercepted communication of an authorized electronic monitoring device placed in a resident’s room, without the express written consent of the resident or the resident representative.

Source:

S.L. 2019, ch. 403, § 3, effective August 1, 2019.

50-10.2-03. Rulemaking authority of department.

The department may adopt rules in accordance with chapter 28-32, consistent with and necessary for the implementation and enforcement of this chapter through the ombudsman program under chapter 50-10.1.

Source:

S.L. 1983, ch. 525, § 3; 1987, ch. 577, § 3.

50-10.2-04. Enforcement — Injunction.

Any facility that violates this chapter may be enjoined by a district court. Actions for injunction under this section may be prosecuted by the attorney general or any state’s attorney in the name of the state. Actions for injunction under this section must be prosecuted in the county where the case arises.

Source:

S.L. 1987, ch. 577, § 4.

Collateral References.

Criminal liability under statutes penalizing abuse or neglect of the institutionalized infirm, 60 A.L.R.4th 1153.

50-10.2-05. Furnishing financial information.

A facility may request that an applicant for admission, a resident of the facility, or the applicant’s or resident’s legal representative furnish financial information regarding income and assets, including information regarding any transfers or assignments of income or assets. A facility may deny admission to an applicant for admission who is unable to verify a viable payment source.

Source:

S.L. 2019, ch. 408, § 2, effective July 1, 2019.

CHAPTER 50-10.3 Access to Long-Term Care Facilities

50-10.3-01. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context clearly indicates otherwise:

  1. “Declaration of disaster or emergency” means a disaster or emergency declared by the governor under chapter 37-17.1.
  2. “Department” means the department of human services.
  3. “Essential caregiver” means an individual identified by a resident of a long-term care facility or by the resident’s designated decisionmaker to provide in-person physical, spiritual, or emotional support to the resident.
  4. “Long-term care facility” means a skilled nursing facility, basic care facility, or swing-bed hospital approved to furnish long-term services.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021; enacted by 2021, ch. 367, § 1, effective September 1, 2022.

50-10.3-01. Definitions. [Effective September 1, 2022]

As used in this chapter, unless the context clearly indicates otherwise:

  1. “Declaration of disaster or emergency” means a disaster or emergency declared by the governor under chapter 37-17.1.
  2. “Department” means the department of health and human services.
  3. “Essential caregiver” means an individual identified by a resident of a long-term care facility or by the resident’s designated decisionmaker to provide in-person physical, spiritual, or emotional support to the resident.
  4. “Long-term care facility” means a skilled nursing facility, basic care facility, or swing-bed hospital approved to furnish long-term services.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021; enacted by 2021, ch. 367, § 1, effective September 1, 2022.

50-10.3-02. Scope. [Effective through August 31, 2022]

This chapter does not supersede federal authority regarding long-term care facilities or prevent the department or state department of health from taking necessary actions to render the state eligible for federal funds or reimbursement services provided in long-term care facilities.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021; enacted by 2021, ch. 367, § 1, effective September 1, 2022.

50-10.3-02. Scope. [Effective September 1, 2022]

This chapter does not supersede federal authority regarding long-term care facilities or prevent the department or from taking necessary actions to render the state eligible for federal funds or reimbursement services provided in long-term care facilities.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021; enacted by 2021, ch. 367, § 1, effective September 1, 2022.

50-10.3-03. Access to long-term care facilities for essential caregivers. [Effective through August 31, 2022]

  1. The department, working jointly with the state department of health, the state long-term care ombudsman, residents and tenants, families of residents and tenants, and long-term care facility representatives, shall establish basic protocols to allow a resident of a long-term care facility or the resident’s designated decisionmaker designate one or more individuals as the resident’s essential caregivers, including during a declaration of disaster or emergency.
    1. If a declaration of disaster or emergency results in restricted access to a long-term care facility, the department shall review and update the protocols every thirty days during the period of restriction, including an assessment of the need for continuation of the restriction.
    2. An essential caregiver shall meet the necessary qualifications to enter the long-term care facility to provide in-person physical, spiritual, or emotional support to a resident of a long-term care facility in accordance with the protocols established under this section.
  2. The protocols must include:
    1. Safety measures for an essential caregiver which may include restrictions on travel, enhanced testing for communicable diseases, and the necessary safety equipment required to protect the health and safety of the residents of the long-term care facility; and
    2. Procedures to replace an essential caregiver due to necessary circumstances, including illness or death of the essential caregiver.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021; enacted by 2021, ch. 367, § 1, effective September 1, 2022.

50-10.3-03. Access to long-term care facilities for essential caregivers. [Effective September 1, 2022]

  1. The department, working jointly with the state long-term care ombudsman, residents and tenants, families of residents and tenants, and long-term care facility representatives, shall establish basic protocols to allow a resident of a long-term care facility or the resident’s designated decisionmaker designate one or more individuals as the resident’s essential caregivers, including during a declaration of disaster or emergency.
    1. If a declaration of disaster or emergency results in restricted access to a long-term care facility, the department shall review and update the protocols every thirty days during the period of restriction, including an assessment of the need for continuation of the restriction.
    2. An essential caregiver shall meet the necessary qualifications to enter the long-term care facility to provide in-person physical, spiritual, or emotional support to a resident of a long-term care facility in accordance with the protocols established under this section.
  2. The protocols must include:
    1. Safety measures for an essential caregiver which may include restrictions on travel, enhanced testing for communicable diseases, and the necessary safety equipment required to protect the health and safety of the residents of the long-term care facility; and
    2. Procedures to replace an essential caregiver due to necessary circumstances, including illness or death of the essential caregiver.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021; enacted by 2021, ch. 367, § 1, effective September 1, 2022.

50-10.3-04. Additional safety requirements for residents of long-term care facilities.

A long-term care facility may establish additional safety requirements to protect the residents. The facility may require an essential caregiver to provide personal protective equipment for the essential caregiver and undergo any related training or assume the cost of the personal protective equipment and any related training provided by the facility to allow the essential caregiver to provide in-person physical, spiritual, or emotional support to a resident of the long-term care facility.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021.

50-10.3-05. Suspension of access for essential caregivers.

If a long-term care facility suspends access to the long-term care facility for an essential caregiver who violates the protocols established under section 50-10.3-03, the long-term care facility shall allow the resident, or the resident’s designated decisionmaker, to immediately designate a replacement essential caregiver.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021.

50-10.3-06. Liability.

A long-term care facility, facility employee, or facility contractor that, in good faith, implements or complies with this chapter may not be held civilly liable for damages, including punitive damages, for any act or omission related to the implementation of this chapter. This section does not apply to any act or omission that constitutes gross negligence or willful or wanton misconduct.

Source:

S.L. 2021, ch. 367, § 1, effective May 3, 2021.

CHAPTER 50-11 Foster Care Homes for Children and Adults

50-11-00.1. Definitions. [Effective through August 31, 2022]

As used in this chapter:

  1. “Agency foster home for adults” means a residential home in which foster care for adults is regularly provided by professional staff trained to provide services to older adults or adults with a disability, to four or fewer adults who are not related by blood or marriage to the owner or lessee, for hire or compensation.
  2. “Approval” means the approval by the department, upon submission of tribal licensing standards or in the absence of tribal licensing standards compliance with state standards, of a facility located on or near, as identified by the tribe, a recognized Indian reservation in North Dakota, not subject to the jurisdiction of the state of North Dakota for licensing purposes, to allow the facility to receive title IV-E funding.
  3. “Authorized agent” means the human service zone, unless another entity is designated by the department.
  4. “Department” means the department of human services.
  5. “Facility” means a foster home for adults, agency foster home for adults, family foster home for children, supervised independent living program, or qualified residential treatment program for children.
  6. “Family foster home for children” means an occupied private residence in which foster care for children is regularly provided by the owner or lessee of the residence to no more than six children, unless the department approves otherwise.
  7. “Foster care for adults” means the provision of food, shelter, security and safety, guidance, and comfort on a twenty-four-hour per day basis, in the residential home of a caregiver or agency, to an individual age eighteen or older, who is unable, neglects, or refuses to provide for the individual’s own care.
  8. “Foster care for children” means the provision of substitute parental child care for those children who are in need of care for which the child’s parent, guardian, or custodian is unable, neglects, or refuses to provide, and includes the provision of food, shelter, security and safety, guidance, and comfort on a twenty-four-hour basis, to one or more children under twenty-one years of age to safeguard the child’s growth and development and to minimize and counteract hazards to the child’s emotional health inherent in the separation from the child’s family. Foster care may be provided in a licensed or approved family foster home for children, supervised independent living program, or qualified residential treatment program.
  9. “Foster home for adults” means an occupied private residence in which foster care for adults is regularly provided by the owner or lessee of the residence, to four or fewer adults who are not related by blood or marriage to the owner or lessee, for hire or compensation.
  10. “Identified relative” means:
    1. The child’s grandparent, great grandparent, sibling, half sibling, aunt, great aunt, uncle, great uncle, nephew, niece, or first cousin;
    2. An individual with a relationship to the child, derived through a current or former spouse of the child's parent, similar to a relationship described in subdivision a;
    3. An individual recognized in the child's community as having a relationship with the child similar to a relationship described in subdivision a; or
    4. The child's stepparent.
  11. “Qualified residential treatment program” means a licensed or approved residence providing an out-of-home treatment placement for children.
  12. “Supervised independent living program” means a licensed or approved setting providing supervision and service delivery to youth transitioning into adulthood.

Source:

S.L. 1977, ch. 453, § 1; 1987, ch. 571, § 8; 1993, ch. 472, § 2; 2005, ch. 418, § 2; 2009, ch. 267, § 4; 2011, ch. 357, § 1; 2015, ch. 338, § 1, effective August 1, 2015; 2017, ch. 224, § 3, effective August 1, 2017; 2019, ch. 391, § 109, effective January 1, 2020; 2019, ch. 404, § 5, effective August 1, 2019; 2019, ch. 404, § 6, effective October 1, 2019; 2019, ch. 405, § 2, effective August 1, 2019; 2021, ch. 352, § 417, effective September 1, 2022; 2021, ch. 355, § 2, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 339, S.L. 2015 became effective August 1, 2015.

The 2011 amendment of this section by section 1 of chapter 357, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 4 of chapter 267, S.L. 2009 became effective August 1, 2009.

Note.

Section 50-11-00.1 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made inSection 2 of Chapter 355, Session Laws 2021, House Bill 1091;and Section 417 of Chapter 352, Session Laws 2021, House Bill 1247.

Section 50-11-01 was amended 4 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 109 of Chapter 391, Session Laws 2019, Senate Bill 2124; Section 5 of Chapter 404, Session Laws 2019, House Bill 1102; Section 6 of Chapter 404, Session Laws 2019, House Bill 1102; and Section 2 of Chapter 405, Session Laws 2019, House Bill 1099.

Section 8 of chapter 405, S.L. 2019 provides, “ CONTINGENT IMPLEMENTATION - APPLICATION. The department of human services may not implement residential habilitation and community supports in section 6 of this Act unless the sixty-sixth legislative assembly provides an appropriation in Senate Bill No. 2012 to support the implementation of residential habilitation and community supports in section 6 of this Act.”

Notes to Decisions

Foster Care.

Claimed “private” foster parents of orphaned child could not have been the child’s foster parents because there was no record that they had been so designated by any state or county agency or had procured a license to be the child’s foster parents. D.E. v. K.F., 2012 ND 253, 825 N.W.2d 832, 2012 N.D. LEXIS 259 (N.D. 2012).

50-11-00.1. Definitions. [Effective September 1, 2022]

As used in this chapter:

  1. “Agency foster home for adults” means a residential home in which foster care for adults is regularly provided by professional staff trained to provide services to older adults or adults with a disability, to four or fewer adults who are not related by blood or marriage to the owner or lessee, for hire or compensation.
  2. “Approval” means the approval by the department, upon submission of tribal licensing standards or in the absence of tribal licensing standards compliance with state standards, of a facility located on or near, as identified by the tribe, a recognized Indian reservation in North Dakota, not subject to the jurisdiction of the state of North Dakota for licensing purposes, to allow the facility to receive title IV-E funding.
  3. “Authorized agent” means the human service zone, unless another entity is designated by the department.
  4. “Department” means the department of health and human services.
  5. “Facility” means a foster home for adults, agency foster home for adults, family foster home for children, supervised independent living program, or qualified residential treatment program for children.
  6. “Family foster home for children” means an occupied private residence in which foster care for children is regularly provided by the owner or lessee of the residence to no more than six children, unless the department approves otherwise.
  7. “Foster care for adults” means the provision of food, shelter, security and safety, guidance, and comfort on a twenty-four-hour per day basis, in the residential home of a caregiver or agency, to an individual age eighteen or older, who is unable, neglects, or refuses to provide for the individual’s own care.
  8. “Foster care for children” means the provision of substitute parental child care for those children who are in need of care for which the child’s parent, guardian, or custodian is unable, neglects, or refuses to provide, and includes the provision of food, shelter, security and safety, guidance, and comfort on a twenty-four-hour basis, to one or more children under twenty-one years of age to safeguard the child’s growth and development and to minimize and counteract hazards to the child’s emotional health inherent in the separation from the child’s family. Foster care may be provided in a licensed or approved family foster home for children, supervised independent living program, or qualified residential treatment program.
  9. “Foster home for adults” means an occupied private residence in which foster care for adults is regularly provided by the owner or lessee of the residence, to four or fewer adults who are not related by blood or marriage to the owner or lessee, for hire or compensation.
  10. “Identified relative” means:
    1. The child’s grandparent, great grandparent, sibling, half sibling, aunt, great aunt, uncle, great uncle, nephew, niece, or first cousin;
    2. An individual with a relationship to the child, derived through a current or former spouse of the child's parent, similar to a relationship described in subdivision a;
    3. An individual recognized in the child's community as having a relationship with the child similar to a relationship described in subdivision a; or
    4. The child's stepparent.
  11. “Qualified residential treatment program” means a licensed or approved residence providing an out-of-home treatment placement for children.
  12. “Supervised independent living program” means a licensed or approved setting providing supervision and service delivery to youth transitioning into adulthood.

Source:

S.L. 1977, ch. 453, § 1; 1987, ch. 571, § 8; 1993, ch. 472, § 2; 2005, ch. 418, § 2; 2009, ch. 267, § 4; 2011, ch. 357, § 1; 2015, ch. 338, § 1, effective August 1, 2015; 2017, ch. 224, § 3, effective August 1, 2017; 2019, ch. 391, § 109, effective January 1, 2020; 2019, ch. 404, § 5, effective August 1, 2019; 2019, ch. 404, § 6, effective October 1, 2019; 2019, ch. 405, § 2, effective August 1, 2019; 2021, ch. 352, § 417, effective September 1, 2022; 2021, ch. 355, § 2, effective August 1, 2021.

50-11-01. Foster care for children — License or approval required.

  1. A person may not furnish foster care for children for more than thirty days during a calendar year without first procuring a license or approval to do so from the department. The mandatory provisions of this section requiring licensure or approval do not apply when the care is provided in:
    1. The home of an identified relative.
    2. A home or institution under the management and control of the state or a political subdivision.
    3. A home or facility furnishing room and board primarily to accommodate the child’s educational or career and technical education needs.
  2. An individual providing care under subdivision a of subsection 1 shall submit to a criminal history record investigation as required under section 50-11-06.8.

Source:

S.L. 1915, ch. 183, § 6; 1923, ch. 161, § 1; 1925 Supp., § 5099b1; S.L. 1939, ch. 193, § 1; R.C. 1943, § 50-1101; S.L. 1969, ch. 419, § 1; 1975, ch. 444, § 14; 1977, ch. 453, § 2; 1993, ch. 54, § 106; 1993, ch. 472, § 3; 2003, ch. 138, § 88; 2007, ch. 115, § 13; 2019, ch. 404, § 7, effective October 1, 2019.

Effective Date.

The 2007 amendment of this section by section 13 of chapter 115, S.L. 2007 became effective May 1, 2007, pursuant to an emergency clause in section 23 of chapter 115, S.L. 2007.

Cross-References.

Interstate Compact on Placement of Children, see § 14-13-05.

Notes to Decisions

Designation Required.

Claimed “private” foster parents of orphaned child could not have been the child’s foster parents because there was no record that they had been so designated by any state or county agency or had procured a license to be the child’s foster parents. D.E. v. K.F., 2012 ND 253, 825 N.W.2d 832, 2012 N.D. LEXIS 259 (N.D. 2012).

50-11-01.1. Family day care home for children defined. [Repealed]

Repealed by S.L. 1975, ch. 444, § 17.

Note.

For present provisions, see § 50-11.1-02.

50-11-01.2. Day care center for children defined. [Repealed]

Repealed by S.L. 1975, ch. 444, § 17.

Note.

For present provisions, see § 50-11.1-02.

50-11-01.3. Use of public funds. [Repealed]

Repealed by S.L. 1993, ch. 472, § 25.

50-11-01.4. Foster care for adults — License required.

A person may not furnish foster care for adults for more than one adult, or for more than two adults who are related to each other, without first procuring a license to do so from the department. A person may not furnish foster care for an adult if the person has had a license denied or revoked unless the department subsequently issues a license to that person.

Source:

S.L. 1993, ch. 472, § 4; 2011, ch. 358, § 1.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 358, S.L. 2011 became effective April 25, 2011, pursuant to an emergency clause in section 3 of chapter 358, S.L. 2011.

50-11-01.5. Fire prevention training. [Effective through August 31, 2022]

Before initial licensure and each renewal under this chapter, each foster parent shall complete a course of instruction related to fire prevention and safety. The state fire marshal shall design the course in cooperation with the department of human services. The course must be available on videotape or any equivalent medium as designed by the department. The department of human services shall offer the course throughout the state.

Source:

S.L. 1993, ch. 479, § 1.

50-11-01.5. Fire prevention training. [Effective September 1, 2022]

Before initial licensure and each renewal under this chapter, each foster parent shall complete a course of instruction related to fire prevention and safety. The state fire marshal shall design the course in cooperation with the department of health and human services. The course must be available on videotape or any equivalent medium as designed by the department. The department of health and human services shall offer the course throughout the state.

Source:

S.L. 1993, ch. 479, § 1; 2021, ch. 352, § 418, effective September 1, 2022.

50-11-01.6. Self-declaration form. [Effective through August 31, 2022]

The department of human services shall prescribe self-declaration forms to be completed and signed by each foster parent before initial licensure and each renewal under this chapter. The self-declaration forms must include references to smoke detectors, fire extinguishers, fire escape plans, and inspections of appliances, electrical systems, and heating systems.

Source:

S.L. 1993, ch. 479, § 2.

50-11-01.6. Self-declaration form. [Effective September 1, 2022]

The department of health and human services shall prescribe self-declaration forms to be completed and signed by each foster parent before initial licensure and each renewal under this chapter. The self-declaration forms must include references to smoke detectors, fire extinguishers, fire escape plans, and inspections of appliances, electrical systems, and heating systems.

Source:

S.L. 1993, ch. 479, § 2; 2021, ch. 352, § 419, effective September 1, 2022.

50-11-02. License granted — Term — Conditions.

  1. The department shall grant a license for the operation of a facility receiving persons for foster care, for a period of not more than two years, to reputable and responsible persons upon showing that:
    1. The premises to be used are in fit sanitary condition and properly equipped to provide good care for all persons who may be received;
    2. The persons in active charge of the facility are properly qualified to carry on efficiently the duties required of them;
    3. The facility is likely to be conducted for the public good in accordance with sound social policy and with due regard to the health, morality, and well-being of all persons cared for in the facility;
    4. The facility will be maintained according to the standards prescribed for its conduct by the rules of the department;
    5. The applicant has not had a previous facility license denied within two years of the date of the current application, unless waived by the department after the department considers the health and safety of children and the licensing history of the applicant; and
    6. The applicant has not had a previous facility license revoked within five years of the date of the current application, unless waived by the department after the department considers the health and safety of children and the licensing history of the applicant.
  2. Before licensing or approving a facility providing foster care for children or adults, the department shall seek a criminal history record when required by this chapter. The department shall consider any criminal history record information available at the time a licensing or approval decision is made.
  3. The department shall determine, in accordance with rules of the department, whether a license may be issued to a facility that houses or employs any individual who has a criminal record.

Source:

S.L. 1915, ch. 183, §§ 6, 13; 1923, ch. 161, § 2; 1925 Supp., § 5099b2; R.C. 1943, § 50-1102; S.L. 1969, ch. 419, § 2; 1975, ch. 444, § 16; 1993, ch. 472, § 5; 1995, ch. 304, § 2; 1997, ch. 408, § 1; 2001, ch. 423, § 1; 2021, ch. 355, § 3, effective August 1, 2021.

50-11-02.1. Conviction not bar to licensure — Exceptions.

Conviction of an offense does not disqualify a person from licensure under this chapter unless the department determines that the offense has a direct bearing upon that person’s ability to serve the public as the operator of a facility or that, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1977, ch. 130, § 62; 1993, ch. 472, § 6.

50-11-02.2. Provisional license.

At the discretion of the department, a provisional license may be issued to an applicant who, or whose facility, fails to conform in all respects to this chapter and the rules of the department. The department may set conditions under which a provisional license may be issued, and may issue such a license for any period of time, not to exceed two years, as the department may deem reasonable or appropriate to the circumstances of the case. The department may not be compelled to issue a provisional license.

Source:

S.L. 1993, ch. 472, § 7.

Cross-References.

Definition of offense, see § 12.1-01-04.

50-11-02.3. Maximum qualified residential treatment program bed capacity.

Notwithstanding sections 50-11-02 and 50-11-09, the department shall determine the maximum number of licensed qualified residential treatment program bed capacity for children based upon a needs assessment conducted by the department.

Source:

S.L. 1999, ch. 34, § 11; 2001, ch. 255, § 2; 2003, ch. 229, § 2; 2005, ch. 409, § 3; 2007, ch. 257, § 2; 2019, ch. 404, § 8, effective October 1, 2019.

Effective Date.

The 2007 amendment of this section by section 2 of chapter 257, S.L. 2007 became effective August 1, 2007.

50-11-02.4. Criminal history record investigation for foster care for adults — Fingerprinting not required.

  1. Except as provided in section 50-11-06.9, the department shall secure from any individual employed by, or providing care in, a facility providing foster care for adults and any adult living in the facility, but not being provided care in the facility, identifying information other than fingerprints, that is appropriate to accomplish a statewide criminal history record investigation.
  2. Fingerprints need not be taken and a nationwide background check need not be made if an individual:
    1. Has resided continuously in this state for eleven years or since reaching age eighteen, whichever is less;
    2. Is on active United States military duty or has resided continuously in this state since receiving an honorable discharge; or
    3. Is excused from providing fingerprints under rules adopted by the department.
  3. The department shall verify that sufficient identifying information has been provided. Upon verification, the department shall submit that information to the bureau of criminal investigation.
  4. The bureau of criminal investigation shall provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department. The department shall provide a copy of any response received from the bureau of criminal investigation to the facility.
  5. The department shall pay the cost of securing any criminal history record information made available under chapter 12-60 and section 50-11-06.8 for foster home for adults. An agency foster home for adults is responsible for the cost of securing any criminal history record information made available under chapter 12-60 and section 50-11-06.8.
  6. The department shall consult with the bureau of criminal investigation to determine the identifying information, other than fingerprints, appropriate to accomplish a statewide criminal history record investigation.
  7. The department may adopt emergency rules under this section without the finding otherwise required under section 28-32-02.

Source:

S.L. 1999, ch. 282, § 21; 2001, ch. 423, § 2; 2007, ch. 115, § 14; 2019, ch. 405, § 3, effective August 1, 2019.

Effective Date.

The 2007 amendment of this section by section 14 of chapter 115, S.L. 2007 became effective May 1, 2007, pursuant to an emergency clause in section 23 of chapter 115, S.L. 2007.

50-11-03. Department to make rules — Records kept by facility.

A record of all children and adults cared for in any facility licensed under this chapter must be maintained at the facility in the manner and form prescribed by the department. The department shall establish reasonable minimum standards, and shall make such reasonable rules for the conduct of such place as are necessary to carry out the purposes of this chapter.

Source:

S.L. 1923, ch. 161, § 6; 1925 Supp., § 5099b6; R.C. 1943, § 50-1103; S.L. 1969, ch. 419, § 3; 1993, ch. 472, § 8.

50-11-03.1. Reduction of number of children in foster care — Goals. [Effective through August 31, 2022]

On or before October 1, 1982, and annually thereafter, the department of human services shall attempt to reduce the number of children receiving assistance under title IV-E of the Social Security Act, who have been in foster care for more than twenty-four months, by the following amounts:

  1. For the year beginning October 1, 1982, one percent of the number of children, in foster care for more than twenty-four months, and receiving benefits under title IV-A of the Social Security Act from July 1, 1979, through June 30, 1980;
  2. For the years beginning October 1, 1983, and ending September 30, 1990, one percent of the maximum number permitted in the previous year; and
  3. For all subsequent years, one-half percent of the maximum number permitted in the previous year.

Source:

S.L. 1981, ch. 490, § 1.

50-11-03.1. Reduction of number of children in foster care — Goals. [Effective September 1, 2022]

On or before October 1, 1982, and annually thereafter, the department of health and human services shall attempt to reduce the number of children receiving assistance under title IV-E of the Social Security Act, who have been in foster care for more than twenty-four months, by the following amounts:

  1. For the year beginning October 1, 1982, one percent of the number of children, in foster care for more than twenty-four months, and receiving benefits under title IV-A of the Social Security Act from July 1, 1979, through June 30, 1980;
  2. For the years beginning October 1, 1983, and ending September 30, 1990, one percent of the maximum number permitted in the previous year; and
  3. For all subsequent years, one-half percent of the maximum number permitted in the previous year.

Source:

S.L. 1981, ch. 490, § 1; 2021, ch. 352, § 420, effective September 1, 2022.

50-11-03.2. Use of public funds.

Public funds for the purchase of foster care for children or adults may be used only in facilities licensed or approved by the department. No person acting on behalf of any state, county, or local governmental entity may arrange for or promote care provided in a facility that does not have a license or approval issued by the department. This section does not apply to any home or institution under the management and control of the state. Nonfederal funds may be used to reimburse the costs of shelter care placements for no more than seven days if the shelter care services are certified by the department. If the entity has diligently pursued other placement, the department may grant an extension for the health and safety of the child or due to unforeseeable circumstances.

Source:

S.L. 1993, ch. 472, § 9; 2011, ch. 357, § 2; 2021, ch. 355, § 4, effective August 1, 2021.

Effective Date.

The 2011 amendment of this section by section 2 of chapter 357, S.L. 2011 became effective August 1, 2011.

50-11-03.3. Department to provide liability coverage to foster homes for children.

  1. The department shall provide liability coverage for acts or omissions of foster children placed in the care of foster families. The department may provide this liability coverage through self-insurance.
  2. The liability coverage under this section:
    1. Must provide coverage for damage to property which is caused by the act of a foster child. This coverage must be for the lesser of the reasonable cost to repair or to replace the damaged property.
    2. Is secondary to any other coverage.
    3. Except as provided in subdivision d, may not exceed five thousand dollars per claim, with an annual maximum of ten thousand dollars per year per claimant. The coverage under this subsection must include a deductible not to exceed one hundred dollars per claim.
    4. In cases in which the property damage per event total exceeds twenty-five thousand dollars, the department may further review the claim. The department may cover twenty-five percent of the remaining property damage after any insurance reimbursement, not to exceed ten thousand dollars.
  3. The department may provide for exclusions from liability coverage provided under this section.

Source:

S.L. 2007, ch. 419, § 1; 2017, ch. 224, § 4, effective August 1, 2017.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 130, S.L. 2015 became effective July 1, 2015.

50-11-03.4. Immunity for a person providing foster care.

A person providing foster care for children in a licensed or approved facility is immune from civil liability for any act or omission resulting in damage or injury to or by a child in foster care if, at the time of the act or omission, the person providing foster care for children applied the reasonable and prudent parent standard in a manner that protects child safety, while also allowing the child in foster care to experience age or developmentally appropriate activities.

History. S.L. 2015, ch. 338, § 2, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

50-11-03.5. Automated clearinghouse payments.

The department shall provide payment to family foster home for children, supervised independent living program, and qualified residential treatment program for children providers using an automated clearinghouse to provide for electronic fund transfers. To receive payment, family foster home for children, supervised independent living program, and qualified residential treatment program for children providers and applicants shall provide sufficient documentation to enable the department to provide electronic funds transfers through an automated clearinghouse. No other forms of payment are permitted, unless approved by the department.

Source:

S.L. 2021, ch. 355, § 5, effective August 1, 2021.

Note.

Section 6 of chapter 355, S.L. 2021, provides: “ APPLICATION. The department of human services shall stagger implementation of section 5 of this Act so it applies:

  1. On January 1, 2022, to foster home for children, supervised independent living program, and qualified residential treatment program for children providers first certified on or after January 1, 2022; and
  2. On January 1, 2023, to foster home for children, supervised independent living program, and qualified residential treatment program for children providers in existence on December 31, 2021.”

50-11-04. Inspection by the department — Inspection and report by the department or its authorized agent.

The department and its authorized agents at any time may inspect any facility licensed under the provisions of this chapter or with respect to which a license application has been made. The department and its authorized agents shall have full and free access to every part of the facility. The department may require, on a case-by-case basis, prior to or after licensure, that a facility undergo a fire inspection, inspection of the heating system or the electrical system, or any other type of inspection that the department deems necessary to carry out the purposes of this chapter. All records of the facility must be open for the inspection of the department or its authorized agents and they may see and interview all children and adults cared for therein. Upon the request of the department, the department or its authorized agent shall inspect any facility for which a license is applied or issued, and shall report the results of the inspection to the department.

Source:

S.L. 1923, ch. 161, § 6; 1925 Supp., § 5099b6; R.C. 1943, § 50-1104; S.L. 1969, ch. 419, § 4; 1993, ch. 472, § 10; 1993, ch. 479, § 3; 2005, ch. 418, § 3.

Cross-References.

Interstate Compact on Placement of Children, see § 14-13-05.

50-11-04.1. Notice.

After each inspection or reinspection, the department shall mail or deliver any correction order or notice of noncompliance to the facility.

Source:

S.L. 1993, ch. 472, § 11.

50-11-04.2. Correction order — Contents.

Whenever the department determines that the facility is not in compliance with this chapter, or the rules adopted thereunder, a notice of license denial or revocation or a correction order must be issued to the facility. A correction order must cite the statute or rule violated, state the factual basis of the violation, specify the time allowed for correction, and specify the amount of any fiscal sanction to be assessed if the correction order is not complied with in a timely fashion. A correction order may also state a suggested method of correction or require the submission of a corrective action plan by the facility. If a correction order requires the submission of a corrective action plan, it must also specify a date by which the corrective action plan must be submitted. The department shall, by rule, establish a schedule of allowable times for correction of deficiencies.

Source:

S.L. 1993, ch. 472, § 12.

50-11-04.3. Reinspections.

A facility issued a correction order under section 50-11-04.2 must be inspected at the end of the period allowed for correction. If, upon inspection, it is determined that the facility has not corrected a violation identified in the correction order, a notice of noncompliance with the correction order must be mailed or sent to the facility. The notice must specify the uncorrected violations and the penalties assessed in accordance with section 50-11-04.5.

Source:

S.L. 1993, ch. 472, § 13.

50-11-04.4. Fiscal sanctions.

A facility, if issued a notice of noncompliance with a correction order, must be assessed fiscal sanctions in accordance with a schedule of fiscal sanctions established by rule. The fiscal sanction must be assessed for each day the facility remains out of compliance after the allowable time for the correction of deficiencies ends and must continue until a notice of correction is received by the department in accordance with section 50-11-04.6. No fiscal sanction for a specific violation may exceed twenty-five dollars per day of noncompliance.

Source:

S.L. 1993, ch. 472, § 14.

50-11-04.5. Accumulation of fiscal sanctions.

A facility must promptly provide written notice to the department when a violation noted in a notice of noncompliance is corrected. Upon receipt of written notice by the department, the daily fiscal sanction assessed for the deficiency must stop accruing. The facility must be promptly reinspected. If, upon reinspection, it is determined that the deficiency has not been corrected, the daily assessment of fiscal sanctions must resume and the amount of fiscal sanctions that otherwise would have accrued during the period prior to resumption must be added to the total assessment due from the facility. The department must mail or deliver a notice of resumption to the facility. Recovery of the resumed fiscal sanction must be stayed if the licensee makes a written request for an administrative hearing in the manner provided for in chapter 28-32, provided that the written request for the hearing is made to the department within ten days after mailing or delivery of the notice of resumption.

Source:

S.L. 1993, ch. 472, § 15.

50-11-04.6. Recovery of fiscal sanctions — Hearing.

Fiscal sanctions assessed pursuant to this chapter are payable fifteen days after receipt of the notice of noncompliance and at fifteen-day intervals thereafter, as the fiscal sanctions accrue. Recovery of an assessed fiscal sanction must be stayed if the operator makes written request to the department for an administrative hearing within ten days after mailing or delivery of the notice.

Source:

S.L. 1993, ch. 472, § 16.

50-11-04.7. Disposition of fiscal sanctions.

Any fiscal sanction collected for any violation of this chapter or of rules adopted pursuant to this chapter must be paid into the state treasury for the general fund after the costs of recovering the fiscal sanction are deducted therefrom.

Source:

S.L. 1993, ch. 472, § 17.

50-11-05. Contents of records not disclosed — Exception.

The records of facilities licensed under this chapter and the records of the department and its authorized agents, pertaining to the children or adults receiving care, are confidential but may be disclosed:

  1. In a judicial proceeding;
  2. To officers of the law or other legally constituted boards or agencies; or
  3. To persons who have a definite interest in the well-being of the adults or children concerned, who are in a position to serve their interests, and who need to know the contents of the records in order to assure their well-being and interests.

Source:

S.L. 1923, ch. 161, § 7; 1925 Supp., § 5099b7; R.C. 1943, § 50-1105; S.L. 1969, ch. 419, § 5; 1993, ch. 472, § 18; 2011, ch. 359, § 1.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 359, S.L. 2011 became effective August 1, 2011.

50-11-06. Facility not to hold itself out as having authority to dispose of child by adoption unless licensed.

No facility licensed under this chapter may be held out as having authority to dispose of any child, advertise children for adoption, or be held out directly or indirectly, as being able to dispose of children, without first being licensed so to do under chapter 50-12.

Source:

S.L. 1915, ch. 183, § 12; 1923, ch. 161, § 8; 1925 Supp., § 5099b8; R.C. 1943, § 50-1106; S.L. 1969, ch. 419, § 6; 1993, ch. 472, § 19.

50-11-06.1. Foster family care home for adults defined. [Repealed]

Repealed by S.L. 1993, ch. 472, § 25.

Note.

For present definitions, see section 50-11-00.1.

50-11-06.2. Department to establish standards — Licensing — Inspection — Prosecute violations. [Repealed]

Repealed by S.L. 1993, ch. 472, § 25.

Note.

As to transitional living services, see subsection 23 of section 50-06-05.1.

50-11-06.3. License required — Term — Revocation. [Repealed]

Repealed by S.L. 1993, ch. 472, § 25.

Note.

For license requirement for furnishing foster care for adults, see section 50-11-01.4.

50-11-06.4. Contents of license. [Repealed]

Repealed by S.L. 1993, ch. 472, § 25.

50-11-06.5. Records kept by home. [Repealed]

Repealed by S.L. 1993, ch. 472, § 25.

Note.

As to standards, rules and records for facilities licensed under this chapter, see section 50-11-03.

50-11-06.6. Department to furnish information when requested.

  1. Whenever requested by any person, organization, corporation, or limited liability company interested in establishing a foster care facility for children or adults, the department shall furnish information concerning the minimum requirements for a facility and concerning the need for a facility in any given community.
  2. Any person, organization, corporation, or limited liability company is entitled, upon request, to be advised by the department or its authorized agent regarding the policy, procedure, and intentions of the department or its authorized agent toward placement of children in that person’s, organization’s, corporation’s, or limited liability company’s facility if:
    1. The person, organization, corporation, or limited liability company is licensed to provide foster care for children under this chapter and has not received a placement for twelve months or more; or
    2. The person, organization, corporation, or limited liability company is applying for its license to provide foster care for children under this chapter.

Source:

S.L. 1969, ch. 419, § 12; 1985, ch. 528, § 1; 1993, ch. 54, § 106; 1993, ch. 472, § 20; 2005, ch. 418, § 4.

50-11-06.7. License approval or denial — Time requirements.

Except as otherwise provided in this section, an application to the department for a license required by this chapter to provide foster care to adults or children must be approved or denied within sixty days of its receipt by the department. The department has an additional forty-five days to grant or deny a license required by this chapter if the department notifies the applicant that the additional time is necessary.

Source:

S.L. 1985, ch. 529, § 1; 1993, ch. 472, § 21.

50-11-06.8. Criminal history record investigation — Fingerprinting required.

  1. Each facility providing foster care for children shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from:
    1. Any individual employed by, or providing care in, the facility; and
    2. Any adult living in the facility, but not being provided care in the facility.
  2. Each identified relative, at the request by the department, shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from any adult living in the home of the identified relative.
  3. The facility or identified relative shall assure that information obtained under subsections 1 and 2 is provided to the department.
  4. Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department shall submit the information and fingerprints to the bureau of criminal investigation. The department shall provide a copy of the state criminal history record information response received from the bureau of criminal investigation to the facility, public agency, or authorized agent making the request.
  5. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of a response, provide the response of the federal bureau of investigation to the department. The bureau of criminal investigation also shall provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department.
  6. Upon request by the operators of a facility, employees of a facility, or identified relative, a law enforcement agency shall take fingerprints of individuals described in this section if the request is made for purposes of this section.
  7. The department shall pay the cost of securing fingerprints, any criminal history record information made available under chapter 12-60, and a nationwide background check for each facility providing foster care for children.
  8. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting.
  9. Except as provided in sections 50-11-02.4 and 50-11-06.9, the department shall secure from a law enforcement agency or any other agency authorized to take fingerprints two sets of fingerprints and all other information necessary to secure state criminal history record information and a nationwide background check under federal law from:
    1. Any individual employed by, or providing care in, an adult family foster care facility; and
    2. Any adult living in an adult family foster care facility, but not being provided care in the facility.
  10. A criminal history record investigation completed under this section may be used to satisfy the criminal history record investigation requirements of sections 50-11.3-01 and 50-12-03.2.

Source:

S.L. 1997, ch. 408, § 2; 1999, ch. 282, § 20; 2001, ch. 423, §§ 3, 4; 2007, ch. 115, § 15; 2019, ch. 404, § 9, effective October 1, 2019; 2019, ch. 405, § 4, effective August 1, 2019.

Effective Date.

The 2007 amendment of this section by section 15 of chapter 115, S.L. 2007 became effective May 1, 2007, pursuant to an emergency clause in section 23 of chapter 115, S.L. 2007.

Note.

Section 50-11-06.8 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 4 of Chapter 405, Session Laws 2019, House Bill 1099; and Section 9 of Chapter 404, Session Laws 2019, House Bill 1102.

Section 7 of chapter 405, S.L. 2019 provides, “ IMPLEMENTATION CONTINGENT UPON APPROPRIATION - APPLICATION. The department of human services is not required to implement or enforce sections 1, 2, 3, 4, and 6 of this Act with respect to agency foster home for adults and administration of routine medication if the legislative assembly does not provide an appropriation to support the implementation and enforcement of sections 1, 2, 3, 4, and 6 of this Act.”

50-11-06.9. Criminal history record investigation for foster home for adults — When not required.

A criminal history record investigation may not be required, under section 50-11-06.8 or 50-11-02.4, of a foster home for adults licensed or approved on August 1, 1999, for so long as that home remains continuously licensed or approved.

Source:

S.L. 1999, ch. 282, § 22; 2001, ch. 423, § 5; 2007, ch. 115, § 16; 2019, ch. 405, § 5, effective August 1, 2019.

Effective Date.

The 2007 amendment of this section by section 16 of chapter 115, S.L. 2007 became effective May 1, 2007, pursuant to an emergency clause in section 23 of chapter 115, S.L. 2007.

50-11-06.10. Identified relative — Criminal history record investigation.

  1. The department may require an identified relative and any adult living in the home of the identified relative to go through a criminal history record investigation pursuant to section 50-11-06.8.
  2. If the department requires a criminal history record investigation pursuant to subsection 1, the department shall consider an identified relative and any adult living in the home of the identified relative as a family foster home for children applicant, family foster home for children provider, or members of the family foster home for children for the purpose of determining the impact of the individual’s criminal history record investigation on the individual’s ability to provide foster care for children.

Source:

S.L. 2019, ch. 404, § 10, effective October 1, 2019.

50-11-06.11. Unaccompanied undocumented children.

A person may not arrange for or promote care provided in a facility for unaccompanied undocumented children unless the facility has a license or approval issued by the department.

Source:

S.L. 2021, ch. 367, § 2, effective May 3, 2021.

50-11-07. Denial or revocation of license.

The department may deny or revoke the license of any facility upon proper showing of any of the following:

  1. Any of the conditions set forth in section 50-11-02 as prerequisites for the issuance of the license do not exist.
  2. The application contains false or misleading material information or the applicant intentionally withheld material information.
  3. The license was issued upon false, misleading, or intentionally withheld material information.
  4. An operator, licensee, caregiver, employee, or an agent of the facility has violated a provision of this chapter or any of the rules of the department.
  5. An operator, applicant, licensee, caregiver, employee, or agent of the facility has been convicted of an offense determined by the department to have a direct bearing upon the person’s ability to serve the public or residents of the facility, or the department determines, following conviction of any other offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1915, ch. 183, § 7; 1923, ch. 161, § 3; 1925 Supp., § 5099b3; R.C. 1943, § 50-1107; S.L. 1969, ch. 419, § 13; 1977, ch. 130, § 63; 1993, ch. 472, § 22; 2003, ch. 414, § 1.

Cross-References.

Definition of offense, see § 12.1-01-04.

50-11-08. Denial or revocation of license — Hearing — Appeals.

Before any application for a license under the provisions of this chapter is denied or before revocation of any such license takes place, written charges as to the specific reasons therefor, a copy of the statutes and department rules authorizing such action, and notice of the applicant’s or licensee’s right to a hearing on the matter before the department must be served upon the applicant or licensee. The applicant or licensee must also be notified in writing of the person’s right to be represented at such hearing by counsel, to examine all files and documents in the custody of the department regarding the applicant or licensee, to present witnesses at the hearing on behalf of the applicant or licensee and to present documentary evidence, to present testimony and cross-examine adverse witnesses, and the right to an impartial hearing officer. The applicant or licensee has the right to a hearing before the department if the hearing is requested within twenty days after service of the written charges. The department shall hold the hearing within sixty days after the hearing request unless the applicant or licensee agrees to a later date. At any such hearing, the evidence submitted by the department in support of its denial or revocation of the applicant’s or licensee’s license must be limited to supporting only those reasons which were given by the department in its original notice of denial or revocation to the applicant or licensee. An applicant or licensee may appeal under the provisions of chapter 28-32 any final decision of the department regarding the application for or issuance of a license required by this chapter.

Source:

S.L. 1923, ch. 161, § 4; 1925 Supp., § 5099b4; R.C. 1943, § 50-1108; S.L. 1969, ch. 419, § 14; 1985, ch. 529, § 2; 1993, ch. 472, § 23.

50-11-09. Appeal from decision of department denying or revoking license.

The applicant for a license to operate a facility or a person whose license for a facility has been revoked may appeal the denial or revocation to the district court. An appeal must be taken in the manner provided in chapter 28-32.

Source:

S.L. 1923, ch. 161, § 5; 1925 Supp., § 5099b5; R.C. 1943, § 50-1109; S.L. 1969, ch. 419, § 15; 1993, ch. 472, § 24.

50-11-09.1. District court injunctions.

The department may petition the district court for an injunction to stop or prevent a violation of this chapter or of administrative rules adopted under this chapter.

Source:

S.L. 2001, ch. 424, § 1.

50-11-10. Penalty.

Any person, whether owner, manager, operator, or representative of any owner, operator, or manager, who violates any of the provisions of this chapter, is guilty of a class B misdemeanor.

Source:

S.L. 1915, ch. 183, § 14; 1923, ch. 161, § 9; 1925 Supp., § 5099b9; S.L. 1939, ch. 193, § 2; R.C. 1943, § 50-1110; S.L. 1969, ch. 419, § 16; 1975, ch. 106, § 539.

CHAPTER 50-11.1 Early Childhood Services

50-11.1-01. Purpose.

The purpose of this chapter is to assure that children receiving early childhood services be provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to their age and capabilities, so as to safeguard the health, safety, and development of those children.

Source:

S.L. 1975, ch. 444, § 1; 1979, ch. 509, § 1; 1985, ch. 526, § 1.

50-11.1-02. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context or subject matter otherwise requires:

  1. “Authorized agent” means the human service zone, unless another entity is designated by the department.
  2. “Child care center” means an early childhood program licensed to provide early childhood services to nineteen or more children.
  3. “Department” means the department of human services.
  4. “Drop-in care” means the care of children on a one-time, occasional, or unscheduled basis to meet the short-term needs of families.
  5. “Early childhood program” means any program licensed under this chapter where early childhood services are provided for at least two hours a day for three or more days a week.
  6. “Early childhood services” means the care, supervision, education, or guidance of a child or children, which is provided in exchange for money, goods, or other services. Early childhood services does not include:
    1. Substitute parental child care provided pursuant to chapter 50-11.
    2. Child care provided in any educational facility, whether public or private, in grade one or above.
    3. Child care provided in a kindergarten which has been established pursuant to chapter 15.1-22 or a nonpublic elementary school program approved pursuant to section 15.1-06-06.1.
    4. Child care, preschool, and prekindergarten services provided to children under six years of age in any educational facility through a program approved by the department.
    5. Child care provided in facilities operated in connection with a church, business, or organization where children are cared for during periods of time not exceeding four continuous hours while the child’s parent is attending church services or is engaged in other activities, on the premises.
    6. Schools or classes for religious instruction conducted by religious orders during the summer months for not more than two weeks, Sunday schools, weekly catechism, or other classes for religious instruction.
    7. Summer resident or day camps for children which serve no children under six years of age for more than two weeks.
    8. Sporting events, practices for sporting events, or sporting or physical activities conducted under the supervision of an adult.
    9. Head start and early head start programs that are federally funded and meet federal head start performance standards.
    10. Child care provided in a medical facility by medical personnel to children who are ill.
  7. “Family child care” means a private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children.
  8. “Four-year old program” means an approved child care program operated by a public or private educational entity or an early childhood program designed to serve four-year olds.
  9. “Group child care” means a child care program licensed to provide early childhood services for thirty or fewer children.
  10. “Household member” means an adult living in the private residence out of which a program is operated, regardless of whether the adult is living there permanently or temporarily.
  11. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  12. “In-home provider” means any person who provides early childhood services to children in the children’s home.
  13. “Licensed” means an early childhood program has the rights, authority, or permission granted by the department to operate and provide early childhood services.
  14. “Multiple licensed program” means an early childhood program licensed to provide more than one type of early childhood services.
  15. “Owner” or “operator” means the person who has legal responsibility for the early childhood program and premises.
  16. “Parent” means an individual with the legal relationship of father or mother to a child or an individual who legally stands in place of a father or mother, including a legal guardian or custodian.
  17. “Premises” means the indoor and outdoor areas approved for providing early childhood services.
  18. “Preschool” means a program licensed to offer early childhood services, which follows a preschool curriculum and course of study designed primarily to enhance the educational development of the children enrolled and which serves no child for more than three hours per day.
  19. “Public approval” means a nonlicensed early childhood program operated by a government entity that has self-certified that the program complies with this chapter.
  20. “Registrant” means the holder of an in-home provider registration document issued by the department in accordance with this chapter.
  21. “Registration” means the process whereby the department maintains a record of all in-home providers who have stated that they have complied or will comply with the prescribed standards and adopted rules.
  22. “Registration document” means a written instrument issued by the department to publicly document that the registrant has complied with this chapter and the applicable rules and standards as prescribed by the department.
  23. “School-age child care” means a child care program licensed to provide early childhood services on a regular basis for nineteen or more children aged five years through eleven years.
  24. “School-age children” means children served under this chapter who are at least five years but less than twelve years of age.
  25. “Self-declaration” means voluntary documentation of an individual providing early childhood services in a private residence for up to five children through the age of eleven, of which no more than three may be under the age of twenty-four months.
  26. “Staff member” means an individual:
    1. Who is an employee of an early childhood program or of an early childhood services provider under a self-declaration;
    2. Whose activities involve the care, supervision, or guidance of children of an early childhood program; or
    3. Who may have unsupervised access to children under the care, supervision, or guidance of an early childhood program or early childhood services provider under a self-declaration.

Source:

S.L. 1975, ch. 444, § 2; 1979, ch. 509, § 2; 1981, ch. 491, § 1; 1985, ch. 526, § 2; 1987, ch. 578, § 1; 1989, ch. 582, § 1; 2001, ch. 161, § 28; 2005, ch. 418, § 5; 2005, ch. 419, § 1; 2009, ch. 422, § 3; 2013, ch. 375, § 1; 2013, ch. 376, § 1; 2015, ch. 339, § 1, effective August 1, 2015; 2017, ch. 348, § 2, effective July 1, 2017; 2019, ch. 391, § 110, effective January 1, 2020; 2019, ch. 406, § 1, effective August 1, 2019; 2021, ch. 358, § 4, effective August 1, 2021; 2021, ch. 368, § 1, effective August 1, 2021; 2021, ch. 352, § 421, effective September 1, 2022.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 339, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 1 of chapter 375, S.L. 2013 became effective April 12, 2013, pursuant to an emergency clause in section 4 of chapter 375, S.L. 2013.

The 2013 amendment of this section by section 1 of chapter 376, S.L. 2013 became effective July 1, 2013.

The 2009 amendment of this section by section 3 of chapter 422, S.L. 2009 became effective July 1, 2009.

Note.

Section 50-11.1-02 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 406, Session Laws 2019, Senate Bill 2245; and Section 110 of Chapter 391, Session Laws 2019, Senate Bill 2124.

50-11.1-02. Definitions. [Effective September 1, 2022 and through June 30, 2025]

As used in this chapter, unless the context or subject matter otherwise requires:

  1. “Authorized agent” means the human service zone, unless another entity is designated by the department.
  2. “Child care center” means an early childhood program licensed to provide early childhood services to nineteen or more children.
  3. “Department” means the department of health and human services.
  4. “Drop-in care” means the care of children on a one-time, occasional, or unscheduled basis to meet the short-term needs of families.
  5. “Early childhood program” means any program licensed under this chapter where early childhood services are provided for at least two hours a day for three or more days a week.
  6. “Early childhood services” means the care, supervision, education, or guidance of a child or children, which is provided in exchange for money, goods, or other services. Early childhood services does not include:
    1. Substitute parental child care provided pursuant to chapter 50-11.
    2. Child care provided in any educational facility, whether public or private, in grade one or above.
    3. Child care provided in a kindergarten which has been established pursuant to chapter 15.1-22 or a nonpublic elementary school program approved pursuant to section 15.1-06-06.1.
    4. Child care, preschool, and prekindergarten services provided to children under six years of age in any educational facility through a program approved by the department.
    5. Child care provided in facilities operated in connection with a church, business, or organization where children are cared for during periods of time not exceeding four continuous hours while the child’s parent is attending church services or is engaged in other activities, on the premises.
    6. Schools or classes for religious instruction conducted by religious orders during the summer months for not more than two weeks, Sunday schools, weekly catechism, or other classes for religious instruction.
    7. Summer resident or day camps for children which serve no children under six years of age for more than two weeks.
    8. Sporting events, practices for sporting events, or sporting or physical activities conducted under the supervision of an adult.
    9. Head start and early head start programs that are federally funded and meet federal head start performance standards.
    10. Child care provided in a medical facility by medical personnel to children who are ill.
  7. “Family child care” means a private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children.
  8. “Four-year old program” means an approved child care program operated by a public or private educational entity or an early childhood program designed to serve four-year olds.
  9. “Group child care” means a child care program licensed to provide early childhood services for thirty or fewer children.
  10. “Household member” means an adult living in the private residence out of which a program is operated, regardless of whether the adult is living there permanently or temporarily.
  11. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  12. “In-home provider” means any person who provides early childhood services to children in the children’s home.
  13. “Licensed” means an early childhood program has the rights, authority, or permission granted by the department to operate and provide early childhood services.
  14. “Multiple licensed program” means an early childhood program licensed to provide more than one type of early childhood services.
  15. “Owner” or “operator” means the person who has legal responsibility for the early childhood program and premises.
  16. “Parent” means an individual with the legal relationship of father or mother to a child or an individual who legally stands in place of a father or mother, including a legal guardian or custodian.
  17. “Premises” means the indoor and outdoor areas approved for providing early childhood services.
  18. “Preschool” means a program licensed to offer early childhood services, which follows a preschool curriculum and course of study designed primarily to enhance the educational development of the children enrolled and which serves no child for more than three hours per day.
  19. “Public approval” means a nonlicensed early childhood program operated by a government entity that has self-certified that the program complies with this chapter.
  20. “Registrant” means the holder of an in-home provider registration document issued by the department in accordance with this chapter.
  21. “Registration” means the process whereby the department maintains a record of all in-home providers who have stated that they have complied or will comply with the prescribed standards and adopted rules.
  22. “Registration document” means a written instrument issued by the department to publicly document that the registrant has complied with this chapter and the applicable rules and standards as prescribed by the department.
  23. “School-age child care” means a child care program licensed to provide early childhood services on a regular basis for nineteen or more children aged five years through eleven years.
  24. “School-age children” means children served under this chapter who are at least five years but less than twelve years of age.
  25. “Self-declaration” means voluntary documentation of an individual providing early childhood services in a private residence for up to five children through the age of eleven, of which no more than three may be under the age of twenty-four months.
  26. “Staff member” means an individual:
    1. Who is an employee of an early childhood program or of an early childhood services provider under a self-declaration;
    2. Whose activities involve the care, supervision, or guidance of children of an early childhood program; or
    3. Who may have unsupervised access to children under the care, supervision, or guidance of an early childhood program or early childhood services provider under a self-declaration.

Source:

S.L. 1975, ch. 444, § 2; 1979, ch. 509, § 2; 1981, ch. 491, § 1; 1985, ch. 526, § 2; 1987, ch. 578, § 1; 1989, ch. 582, § 1; 2001, ch. 161, § 28; 2005, ch. 418, § 5; 2005, ch. 419, § 1; 2009, ch. 422, § 3; 2013, ch. 375, § 1; 2013, ch. 376, § 1; 2015, ch. 339, § 1, effective August 1, 2015; 2017, ch. 348, § 2, effective July 1, 2017; 2019, ch. 391, § 110, effective January 1, 2020; 2019, ch. 406, § 1, effective August 1, 2019; 2021, ch. 358, § 4, effective August 1, 2021; 2021, ch. 368, § 1, effective August 1, 2021; 2021, ch. 352, § 421, effective September 1, 2022.

50-11.1-02. Definitions. [Effective July 1, 2025]

As used in this chapter, unless the context or subject matter otherwise requires:

  1. “Authorized agent” means the human service zone, unless another entity is designated by the department.
  2. “Child care center” means an early childhood program licensed to provide early childhood services to nineteen or more children.
  3. “Department” means the department of health and human services.
  4. “Drop-in care” means the care of children on a one-time, occasional, or unscheduled basis to meet the short-term needs of families.
  5. “Early childhood program” means any program licensed under this chapter where early childhood services are provided for at least two hours a day for three or more days a week.
  6. “Early childhood services” means the care, supervision, education, or guidance of a child or children, which is provided in exchange for money, goods, or other services. Early childhood services does not include:
    1. Substitute parental child care provided pursuant to chapter 50-11.
    2. Child care provided in any educational facility, whether public or private, in grade one or above.
    3. Child care provided in a kindergarten which has been established pursuant to chapter 15.1-22 or a nonpublic elementary school program approved pursuant to section 15.1-06-06.1.
    4. Child care, preschool, and prekindergarten services provided to children under six years of age in any educational facility through a program approved by the department.
    5. Child care provided in facilities operated in connection with a church, business, or organization where children are cared for during periods of time not exceeding four continuous hours while the child’s parent is attending church services or is engaged in other activities, on the premises.
    6. Schools or classes for religious instruction conducted by religious orders during the summer months for not more than two weeks, Sunday schools, weekly catechism, or other classes for religious instruction.
    7. Summer resident or day camps for children which serve no children under six years of age for more than two weeks.
    8. Sporting events, practices for sporting events, or sporting or physical activities conducted under the supervision of an adult.
    9. Head start and early head start programs that are federally funded and meet federal head start performance standards.
    10. Child care provided in a medical facility by medical personnel to children who are ill.
  7. “Family child care” means a private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children.
  8. “Group child care” means a child care program licensed to provide early childhood services for thirty or fewer children.
  9. “Household member” means an adult living in the private residence out of which a program is operated, regardless of whether the adult is living there permanently or temporarily.
  10. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  11. “In-home provider” means any person who provides early childhood services to children in the children’s home.
  12. “Licensed” means an early childhood program has the rights, authority, or permission granted by the department to operate and provide early childhood services.
  13. “Multiple licensed program” means an early childhood program licensed to provide more than one type of early childhood services.
  14. “Owner” or “operator” means the person who has legal responsibility for the early childhood program and premises.
  15. “Parent” means an individual with the legal relationship of father or mother to a child or an individual who legally stands in place of a father or mother, including a legal guardian or custodian.
  16. “Premises” means the indoor and outdoor areas approved for providing early childhood services.
  17. “Preschool” means a program licensed to offer early childhood services, which follows a preschool curriculum and course of study designed primarily to enhance the educational development of the children enrolled and which serves no child for more than three hours per day.
  18. “Public approval” means a nonlicensed early childhood program operated by a government entity that has self-certified that the program complies with this chapter.
  19. “Registrant” means the holder of an in-home provider registration document issued by the department in accordance with this chapter.
  20. “Registration” means the process whereby the department maintains a record of all in-home providers who have stated that they have complied or will comply with the prescribed standards and adopted rules.
  21. “Registration document” means a written instrument issued by the department to publicly document that the registrant has complied with this chapter and the applicable rules and standards as prescribed by the department.
  22. “School-age child care” means a child care program licensed to provide early childhood services on a regular basis for nineteen or more children aged five years through eleven years.
  23. “School-age children” means children served under this chapter who are at least five years but less than twelve years of age.
  24. “Self-declaration” means voluntary documentation of an individual providing early childhood services in a private residence for up to five children through the age of eleven, of which no more than three may be under the age of twenty-four months.
  25. “Staff member” means an individual:
    1. Who is an employee of an early childhood program or of an early childhood services provider under a self-declaration;
    2. Whose activities involve the care, supervision, or guidance of children of an early childhood program; or
    3. Who may have unsupervised access to children under the care, supervision, or guidance of an early childhood program or early childhood services provider under a self-declaration.

Source:

S.L. 1975, ch. 444, § 2; 1979, ch. 509, § 2; 1981, ch. 491, § 1; 1985, ch. 526, § 2; 1987, ch. 578, § 1; 1989, ch. 582, § 1; 2001, ch. 161, § 28; 2005, ch. 418, § 5; 2005, ch. 419, § 1; 2009, ch. 422, § 3; 2013, ch. 375, § 1; 2013, ch. 376, § 1; 2015, ch. 339, § 1, effective August 1, 2015; 2017, ch. 348, § 2, effective July 1, 2017; 2019, ch. 391, § 110, effective January 1, 2020; 2019, ch. 406, § 1, effective August 1, 2019; 2021, ch. 358, § 4, effective August 1, 2021; 2021, ch. 368, § 1, effective August 1, 2021; 2021, ch. 352, § 421, effective September 1, 2022.

50-11.1-02.1. Number of children in program — How determined.

For the purpose of determining the number of children receiving early childhood services, all children present on the premises and under the age of twelve years must be counted. All children present are protected by this chapter regardless of whether money is received or goods or other services are received for their care.

Source:

S.L. 1981, ch. 491, § 10; 1985, ch. 526, § 3; 2009, ch. 422, § 4.

Effective Date.

The 2009 amendment of this section by section 4 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-02.2. Smoking prohibited on premises where early childhood services are provided.

As provided by section 23-12-10, smoking is not permitted on the premises where early childhood services are provided. For purposes of sections 23-12-09 and 23-12-10, a person providing early childhood services as a registrant or pursuant to a self-declaration is considered a child care facility subject to licensure by the department.

Source:

S.L. 1993, ch. 259, § 2; 2013, ch. 375, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 375, S.L. 2013 became effective April 12, 2013, pursuant to an emergency clause in section 4 of chapter 375, S.L. 2013.

50-11.1-02.3. Early childhood services providers — Training on infant safe sleep practices.

The department shall adopt rules to require an early childhood service provider and the provider’s staff members who are responsible for the care or teaching of children under the age of one to annually complete a department approved sudden infant death syndrome prevention training course.

History. S.L. 2015, ch. 340, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

50-11.1-03. Operation of early childhood services program — License required — Fees.

  1. A license for family child care is required if early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of age.
  2. A license for group child care is required if early childhood services are provided for at least eight and no more than thirty children at any one time.
  3. A license for a child care center is required if early childhood services are provided for more than thirty children at any one time.
  4. Except as provided under subsection 5, a person may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center unless licensed to do so by the department.
  5. A governmental organization may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center without first receiving public approval by certifying, to the department or the department’s authorized agent, that it has complied with all rules applicable to family child care, group child care, preschool, or school-age child care, or to child care centers.
  6. A license is not required for onsite child care services located in the actual building in which the child’s parent is employed, not to exceed ten children per location.
  7. An applicant for a license shall submit the following nonrefundable fees with the application:
    1. The operator of a family child care applying for a license shall pay an annual license fee of twenty dollars or if the license is issued for a two-year period, a fee of thirty-five dollars.
    2. The operator of a group child care applying for a license shall pay an annual license fee of twenty-five dollars or if the license is issued for a two-year period, a fee of forty-five dollars.
    3. The operator of a preschool applying for a license shall pay an annual license fee of thirty dollars or if the license is issued for a two-year period, a fee of fifty-five dollars.
    4. The operator of a child care center applying for a license shall pay an annual license fee of forty dollars or if the license is issued for a two-year period, a fee of seventy-five dollars.
    5. The operator of a multiple licensed program applying for a license shall pay an annual license fee of fifty dollars or if the license is issued for a two-year period, a fee of ninety-five dollars.
  8. An applicant for a license who currently holds a license or self-declaration shall submit the nonrefundable fees set forth in subsection 7 with the application at least sixty days and no more than ninety days before the expiration date of the applicant’s current license or self-declaration. If the nonrefundable fees and application are submitted less than sixty days before the expiration date of the applicant’s current license or self-declaration, the applicant shall submit with the application two times the nonrefundable fees set forth in subsection 7.
  9. In addition to any criminal sanctions or other civil penalties that may be imposed pursuant to law, the operator of an early childhood program who, after being given written notice by the department or the department’s authorized agent, continues to provide early childhood services without a license as required by this section is subject to a civil penalty of fifty dollars per day for each day of operation without the required license. The civil penalty may be imposed by the courts or by the department through an administrative hearing pursuant to chapter 28-32.
  10. All fees collected under subsections 7 and 8 must be paid to the department or the department’s authorized agent and must be used to defray the cost, to the department or the department’s authorized agent, of investigating, inspecting, and evaluating the applications or to provide training to providers of early childhood services.

Source:

S.L. 1975, ch. 444, § 3; 1981, ch. 491, § 2; 1985, ch. 526, § 4; 1987, ch. 578, § 2; 1993, ch. 54, § 106; 2005, ch. 418, § 6; 2009, ch. 422, § 5; 2013, ch. 376, § 2; 2015, ch. 339, § 2, effective August 1, 2015; 2017, ch. 348, § 3, effective January 1, 2018.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 339, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 2 of chapter 376, S.L. 2013 became effective July 1, 2013.

The 2009 amendment of this section by section 5 of chapter 422, S.L. 2009 became effective July 1, 2009.

Notes to Decisions

Restrictive Covenants.

In a dispute between homeowners and their neighbors, the neighbors could not operate a licensed day care facility in their home because the operation of a day care facility was not an incidental use of their home, and it violated restrictive covenants. Hill v. Lindner, 2009 ND 132, 769 N.W.2d 427, 2009 N.D. LEXIS 140 (N.D. 2009).

Collateral References.

Governmental liability for negligence in licensing, regulating, or supervising private day-care home in which child is injured, 68 A.L.R.4th 266.

50-11.1-03.1. Family child care home operator — Cardiopulmonary resuscitation certification. [Repealed]

Repealed by S.L. 2009, ch. 422, § 27.

Effective Date.

The repeal of this section by section 27 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-04. Application for license — Prerequisites for issuance — License granted — Term.

  1. An application for operation of an early childhood program must be made on forms provided, in the manner prescribed, by the department. The department or the department’s authorized agent shall investigate the applicant’s activities and proposed standards of care and shall make an inspection of all premises to be used by the early childhood program applying for a license. The applicant for a license and the staff members, and, if the application is for a program that will be located in a private residence, every individual living in that residence must be investigated in accordance with the rules adopted by the department to determine whether any of them has a criminal record or has had a finding of services required for child abuse or neglect filed against them. The department may use the findings of the investigation to determine licensure. Except as otherwise provided, the department shall grant a license for the operation of an early childhood program within thirty days of receipt of a completed application and all supporting documents by the department and upon a showing:
    1. The premises to be used are in fit and sanitary condition, are properly equipped to provide for the health and safety for all children, and are maintained according to rules adopted by the department;
    2. Staff members are qualified to fulfill the duties required of the staff members according to the provisions of this chapter and standards prescribed for staff member qualifications by the rules of the department;
    3. The application and supporting documents do not include any fraudulent or untrue representations;
    4. The owner, operator, or applicant has not had a previous license or self-declaration denied or revoked within the twelve months before the date of the current application, unless waived by the department after the department considers the health and safety of children and the licensing history of the owner, operator, or applicant;
    5. The owner, operator, or applicant has not had three or more previous licenses or self-declarations denied or revoked. The most recent revocation or denial may not have occurred within the three years immediately preceding the application date;
    6. The program paid its license fees and any penalties and sanctions assessed against the program as required by sections 50-11.1-03 and 50-11.1-07.4;
    7. The family child care owner or operator and staff members have received training and are currently certified in infant and pediatric cardiopulmonary resuscitation, including the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department, and are currently certified in first aid by a program approved by the department; and
    8. The group child care, preschool, school-age child care, or child care center, at all times during which early childhood services are provided, staff members have received training and are currently certified in infant and pediatric cardiopulmonary resuscitation, including the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department, and currently certified in first aid by a program approved by the department.
  2. The license issued to the owner or operator of an early childhood program may not be effective for longer than two years.
  3. The department may consider the applicant’s past licensing, self-declaration, and registration history in determining whether to issue a license.
  4. The department may issue a provisional or restricted license in accordance with the rules of the department. The department shall consider issuing a provisional or restricted license before revoking a license. The department may require the owner or operator of an early childhood program to provide a compliance plan to address compliance issues with this chapter and rules of the department. The department shall review the compliance plan before issuing a provisional or restricted license. The department shall approve the provisional license if the department approves the compliance plan. The department may revoke a license if the owner and operator fail to comply with the department approved compliance plan or for any additional violations of this chapter or rules of the department.
  5. The department shall notify the owner or operator that the owner or operator is required to post a notice of late application at the early childhood program premises if the department has not received a completed application and all supporting documents for licensure or self-declaration renewal at least thirty days before the expiration date of the early childhood program’s license.

Source:

S.L. 1975, ch. 444, § 4; 1979, ch. 509, § 3; 1981, ch. 491, § 3; 1985, ch. 526, § 5; 1985, ch. 530, § 1; 1991, ch. 54, § 23; 2003, ch. 415, § 1; 2005, ch. 418, § 7; 2009, ch. 422, § 6; 2015, ch. 339, § 3, effective August 1, 2015; 2017, ch. 348, § 4, effective January 1, 2018; 2019, ch. 406, § 2, effective August 1, 2019; 2019, ch. 407, § 1, effective August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 339, S.L. 2015 became effective August 1, 2015.

The 2009 amendment of this section by section 7 of chapter 422, S.L. 2009 became effective July 1, 2009.

Note.

Section 50-11.1-04 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 406, Session Laws 2019, Senate Bill 2245; and Section 1 of Chapter 407, Session Laws 2019, Senate Bill 2043.

50-11.1-04.1. Operations of child care home — License. [Repealed]

Repealed by S.L. 1985, ch. 526, § 18.

50-11.1-05. Operation of family day care home — Registration required — Issuance of registration certificate — Term. [Repealed]

Repealed by S.L. 1981, ch. 491, § 19.

50-11.1-06. In-home provider — Registration voluntary — Prerequisites for approval — Issuance of registration document — Term.

An in-home provider may apply for a registration document from the department. The department or the department’s authorized agent shall determine whether the applicant meets the standards and shall issue or deny a registration document based upon that determination. A registration document for an in-home provider may not be effective for longer than one year. The application and supporting documents may not include any fraudulent or untrue representations. The department may consider the early childhood services history of the applicant in determining issuance of a registration document. The department may investigate an applicant according to rules adopted by the department to determine whether the applicant has a criminal record or has been the subject of a finding of services required for child abuse and neglect. The department may issue a provisional in-home provider registration document in accordance with the rules of the department.

Source:

S.L. 1975, ch. 444, § 6; 1979, ch. 509, § 5; 1981, ch. 491, § 4; 2005, ch. 418, § 8; 2009, ch. 422, § 7; 2017, ch. 348, § 5, effective July 1, 2017.

Effective Date.

The 2009 amendment of this section by section 7 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-06.1. Conviction not bar to licensure, self-declaration, or registration — Exceptions.

Conviction of an offense does not disqualify an individual from licensure, self-declaration, or registration under this chapter unless the department determines:

  1. The offense has a direct bearing upon the individual’s ability to serve the public as the owner or operator of an early childhood program, holder of a self-declaration, or an in-home provider; or
  2. Following conviction of any offense, the individual is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1977, ch. 130, § 64; 1981, ch. 491, § 5; 1985, ch. 526, § 6; 2009, ch. 422, § 10.

Effective Date.

The 2009 amendment of this section by section 10 of chapter 422, S.L. 2009 became effective July 1, 2009.

Cross-References.

Definition of offense, see § 12.1-01-04.

50-11.1-06.2. Background investigations — Fees.

  1. Upon a determination by the department a criminal history record check is appropriate, the following individuals are to obtain two sets of the individual’s fingerprints from a law enforcement agency or other local agency authorized to take fingerprints:
    1. A provider holding or an applicant for early childhood services licensure, self-declaration, or in-home provider registration;
    2. Emergency designees and staff members of providers holding and applicants for early childhood services licensure, self-declaration, or in-home provider registration; and
    3. Household members of a residence out of which early childhood services are provided.
  2. The individual shall request the agency to submit the fingerprints and a completed fingerprint card for each set to the division of children and family services of the department or to the department’s authorized agent.
  3. If the division has no record of a determination of services required for child abuse or neglect, the division shall submit the fingerprints to the bureau of criminal investigation to determine if there is any criminal history record information regarding the applicant, household members, or staff members in accordance with section 12-60-24.
  4. The results of the investigations must be forwarded to the division of children and family services of the department or to the department’s authorized agent.
  5. The division may charge a fee not to exceed thirty dollars for the purpose of processing the application.
  6. The division is not subject to the fee imposed under section 12-60-16.9 when requesting criminal history record information from the bureau of criminal investigation.
  7. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting.
  8. The department may use background investigation findings to determine approval, denial, or revocation of an early childhood services license, self-declaration, or in-home registration.
  9. Any individual who is providing early childhood services solely for the provider’s own children, grandchildren, nieces, nephews, and cousins as an in-home provider may not be required to submit to a criminal history record check authorized under section 50-06-01.9.
  10. Unless an individual was separated from childcare employment for more than one hundred eighty days, a criminal history record check conducted under this section and subsection 3 of section 50-06-01.9 is valid for five years, after which the department shall require another criminal history record check.

Source:

S.L. 1991, ch. 511, § 3; 2003, ch. 415, § 2; 2005, ch. 111, § 10; 2009, ch. 422, § 11; 2015, ch. 339, § 4, effective August 1, 2015; 2017, ch. 348, §§ 6, 7, effective January 1, 2018; 2019, ch. 406, § 3, effective August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 339, S.L. 2015 became effective August 1, 2015.

The 2009 amendment of this section by section 11 of chapter 422, S.L. 2009 became effective July 1, 2009.

Note.

Section 50-11.1-06.2 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 7 of Chapter 348, Session Laws 2017, Senate Bill 2090; and Section 6 of Chapter 348, Session Laws 2017, Senate Bill 2090.

Notes to Decisions

Finding of Probable Cause of Child Abuse Appealable.

N.D.C.C. § 50-11.1-06.2 creates consequences flowing from the Department’s finding of probable cause of child abuse under N.D.C.C. 50-25.1 which affect the legal rights, duties, privileges, immunities, or other legal interests of the person against whom the finding is directed in that the probable cause determination precludes persons from being listed in the registry and potentially jeopardizes their ability to secure and retain clientele for daycare services or to secure employment in child care; therefore, the Department’s finding there is probable cause of child abuse is an appealable final order under N.D.C.C. Ch. 28-32. As to listing in the carecheck registry, the determination of probable cause is not subject to review in another proceeding. Raboin v. North Dakota Dep't of Human Servs., 552 N.W.2d 329, 1996 N.D. LEXIS 170 (N.D. 1996).

Collateral References.

Constitutional Challenges to State Child Abuse Registries. 36 A.L.R.6th 475.

50-11.1-07. Investigation of applicant, licensee, holder of self-declaration or registration document, and staff members — Inspection of programs and premises — Maintenance of records — Confidentiality of records. [Effective through August 31, 2022]

  1. The department or its authorized agent at any time may investigate and inspect an early childhood program, or a holder of a self-declaration or registration document and the conditions of their premises, the qualifications of a provider of early childhood services, of current and prospective staff members, of any in-home provider or applicant seeking or holding a license, self-declaration, or registration document under this chapter.
  2. Upon request of the department or its authorized agent, the state department of health or the state fire marshal, or the fire marshal’s designee, shall inspect the premises for which a license, four-year old program approval, or self-declaration is applied or issued and shall report the findings to the department or the department’s authorized agent.
  3. A licensee, holder of a self-declaration, or registrant shall:
    1. Maintain records as the department prescribes regarding each child in the licensee’s, holder’s, or registrant’s care and control, and shall report to the department or the department’s authorized agent, when requested, upon forms furnished by the department, facts the department may require with reference to each child;
    2. Admit for inspection the department or the department’s authorized agent and open for examination all records, books, and reports; and
    3. Notify the parent of each child receiving early childhood services and all staff members of the process for reporting a complaint or a suspected licensing violation.
  4. Except as provided in subsection 5, all records and information maintained with respect to any child receiving early childhood services are confidential and must be properly safeguarded and may not be disclosed except:
    1. In a judicial proceeding;
    2. To officers of the law or other legally constituted boards or agencies; or
    3. To persons having a definite interest in the well-being of the child concerned and who, in the judgment of the department, are in a position to serve the child’s interests should that be necessary.
  5. A provider of early childhood services, upon the request of the parent of a child for whom the provider provides such services, shall make available to the parent a list of the names, telephone numbers, and addresses of the parents of children for whom early childhood services are provided. The list may include only the names, telephone numbers, electronic mail addresses, and addresses of parents who grant the provider permission to disclose that information.
  6. The following information for early childhood services licensees, self-declarations, in-home providers, staff members, and adults residing in a home out of which early childhood services are provided is not confidential:
    1. Name;
    2. Address;
    3. Telephone number; and
    4. Electronic mail address.

Source:

S.L. 1975, ch. 444, § 7; 1979, ch. 509, § 6; 1981, ch. 491, § 6; 1985, ch. 526, § 7; 1991, ch. 511, § 2; 1995, ch. 243, § 2; 2003, ch. 416, § 1; 2005, ch. 418, § 9; 2009, ch. 422, § 12; 2021, ch. 358, § 5, effective July 1, 2021; 2021, ch. 352, § 422, effective September 1, 2022.

Effective Date.

The 2009 amendment of this section by section 12 of chapter 422, S.L. 2009 became effective July 1, 2009.

Note.

Section 50-11.1-07 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 5 of Chapter 358, Session Laws 2021, House Bill 1416; and Section 422 of Chapter 352, Session Laws 2021, House Bill 1247.

50-11.1-07. Investigation of applicant, licensee, holder of self-declaration or registration document, and staff members — Inspection of programs and premises — Maintenance of records — Confidentiality of records. [Effective September 1, 2022]

  1. The department or its authorized agent at any time may investigate and inspect an early childhood program, or a holder of a self-declaration or registration document and the conditions of their premises, the qualifications of a provider of early childhood services, of current and prospective staff members, of any in-home provider or applicant seeking or holding a license, self-declaration, or registration document under this chapter.
  2. Upon request of the department or its authorized agent, the state fire marshal, or the fire marshal’s designee, shall inspect the premises for which a license, four-year old program approval, or self-declaration is applied or issued and shall report the findings to the department or the department’s authorized agent.
  3. A licensee, holder of a self-declaration, or registrant shall:
    1. Maintain records as the department prescribes regarding each child in the licensee’s, holder’s, or registrant’s care and control, and shall report to the department or the department’s authorized agent, when requested, upon forms furnished by the department, facts the department may require with reference to each child;
    2. Admit for inspection the department or the department’s authorized agent and open for examination all records, books, and reports; and
    3. Notify the parent of each child receiving early childhood services and all staff members of the process for reporting a complaint or a suspected licensing violation.
  4. Except as provided in subsection 5, all records and information maintained with respect to any child receiving early childhood services are confidential and must be properly safeguarded and may not be disclosed except:
    1. In a judicial proceeding;
    2. To officers of the law or other legally constituted boards or agencies; or
    3. To persons having a definite interest in the well-being of the child concerned and who, in the judgment of the department, are in a position to serve the child’s interests should that be necessary.
  5. A provider of early childhood services, upon the request of the parent of a child for whom the provider provides such services, shall make available to the parent a list of the names, telephone numbers, and addresses of the parents of children for whom early childhood services are provided. The list may include only the names, telephone numbers, electronic mail addresses, and addresses of parents who grant the provider permission to disclose that information.
  6. The following information for early childhood services licensees, self-declarations, in-home providers, staff members, and adults residing in a home out of which early childhood services are provided is not confidential:
    1. Name;
    2. Address;
    3. Telephone number; and
    4. Electronic mail address.

Source:

S.L. 1975, ch. 444, § 7; 1979, ch. 509, § 6; 1981, ch. 491, § 6; 1985, ch. 526, § 7; 1991, ch. 511, § 2; 1995, ch. 243, § 2; 2003, ch. 416, § 1; 2005, ch. 418, § 9; 2009, ch. 422, § 12; 2021, ch. 358, § 5, effective July 1, 2021; 2021, ch. 352, § 422, effective September 1, 2022.

50-11.1-07.1. Notice.

After each inspection or reinspection, the department or the department’s authorized agent, by certified mail, shall send copies of any correction order or notice of noncompliance, to the early childhood program or holder of a self-declaration.

Source:

S.L. 1981, ch. 491, § 12; 1985, ch. 526, § 8; 2005, ch. 418, § 10; 2009, ch. 422, § 13.

Effective Date.

The 2009 amendment of this section by section 13 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-07.2. Correction orders.

  1. If the department or the department’s authorized agent finds, upon inspection, the program, self-declaration, or premises is not in compliance with this chapter or the rules adopted under this chapter, the department or the department’s authorized agent may issue a correction order to the program or self-declaration, provided the department does not revoke the license or self-declaration as a result of the noncompliance. The correction order must cite the specific statute or rule violated, state the factual basis of the violation, state the suggested method of correction, and specify the time allowed for correction. The correction order must also specify the amount of any fiscal sanction to be assessed if the program or self-declaration fails to comply with the correction order in a timely fashion. This section does not apply to an applicant’s failure to comply with subsection 8 of section 50-11.1-03 or subdivision c of subsection 1 of section 50-11.1-16.
  2. Within three business days of the receipt of the correction order, the licensee of the early childhood program or the holder of a self-declaration shall notify the parent of each child receiving early childhood services that a correction order has been issued. In addition to providing notice to the parent of each child, the licensee or holder of a self-declaration shall post the correction order in a conspicuous location upon the early childhood premises until the violation has been corrected or for five days, whichever is longer.

Source:

S.L. 1981, ch. 491, § 13; 1985, ch. 526, § 9; 2003, ch. 416, § 2; 2005, ch. 418, § 11; 2009, ch. 422, § 14; 2017, ch. 348, § 8, effective July 1, 2017; 2019, ch. 406, § 4, effective August 1, 2019.

Effective Date.

The 2009 amendment of this section by section 14 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-07.3. Reinspections.

The department or the department’s authorized agent shall reinspect or review an early childhood program or holder of a self-declaration that was issued a correction order under section 50-11.1-07.2, at the end of the period allowed for correction. If, upon reinspection or review, the department determines the program or holder of a self-declaration has not corrected a violation identified in the correction order, the department shall mail to the program or the holder of a self-declaration, by certified mail, a notice of noncompliance with the correction order. The notice must specify the violations not corrected and the penalties assessed in accordance with section 50-11.1-07.5.

Source:

S.L. 1981, ch. 491, § 14; 1985, ch. 526, § 10; 2009, ch. 422, § 15; 2019, ch. 406, § 5, effective August 1, 2019.

Effective Date.

The 2009 amendment of this section by section 15 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-07.4. Fiscal sanctions.

If the department or the department’s authorized agent issues a notice of noncompliance with a correction order to an early childhood program or holder of a self-declaration, the department shall assess fiscal sanctions in accordance with a schedule of fiscal sanctions established by rules adopted by the department under subsection 2 of section 50-11.1-08. The department shall assess a fiscal sanction for each day the early childhood program or holder of a self-declaration remains in noncompliance after the allowable time period for the correction of violations ends and the sanction must continue as set forth in section 50-11.1-07.6 until the department receives notice indicating the violations are corrected. The fiscal sanction for a specific violation may not exceed one hundred dollars per day of noncompliance.

Source:

S.L. 1981, ch. 491, § 15; 1985, ch. 526, § 11; 2005, ch. 418, § 12; 2009, ch. 422, § 16.

Effective Date.

The 2009 amendment of this section by section 16 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-07.5. Accumulation of fiscal sanctions.

An early childhood program or holder of a self-declaration promptly shall notify the department or the department’s authorized agent in writing if a violation noted in a notice of noncompliance is corrected. Upon receipt of written notice by the department or the department’s authorized agent, the daily fiscal sanction assessed for the violation must stop accruing. The department or the department’s authorized agent shall reinspect or review the early childhood program or premises out of which the holder of the self-declaration is operating within three working days after receipt of the notification. If, upon reinspection or review, the department determines a violation has not been corrected, the department shall resume the daily assessment of fiscal sanction and shall add the amount of fiscal sanction which otherwise would have accrued during the period before resumption to the total assessment due from the program or holder of the self-declaration. The department or the department’s authorized agent shall notify the facility of the resumption by certified mail. Recovery of the resumed fiscal sanction must be stayed if the operator of the facility makes a written request for an administrative hearing in the manner provided in chapter 28-32, if written request for the hearing is made to the department within ten days of the notice of resumption.

Source:

S.L. 1981, ch. 491, § 16; 1985, ch. 526, § 12; 2005, ch. 418, § 13; 2009, ch. 422, § 17; 2019, ch. 406, § 6, effective August 1, 2019.

Effective Date.

The 2009 amendment of this section by section 17 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-07.6. Recovery of fiscal sanctions — Hearing.

Fiscal sanctions assessed pursuant to this chapter are payable fifteen days after receipt of the notice of noncompliance and at fifteen-day intervals thereafter, as the fiscal sanctions accrue. Recovery of an assessed fiscal sanction must be stayed if the program or holder of a self-declaration makes written request to the department for an administrative hearing within ten days after the early childhood program or the holder of the self-declaration receives the notice. If the appeal is unsuccessful or withdrawn, the daily assessment of fiscal sanctions must resume and the department shall add the amount of fiscal sanctions which otherwise would have accrued during the period prior to resumption to the total assessment due from the early childhood program or the holder of a self-declaration. The department or the department’s authorized agent shall notify the early childhood program or the holder of a self-declaration of the resumption by certified mail.

Source:

S.L. 1981, ch. 491, § 17; 2009, ch. 422, § 18.

Effective Date.

The 2009 amendment of this section by section 18 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-07.7. Disposition of fiscal sanctions.

Any fiscal sanction which is collected for any violation of this chapter or of rules adopted pursuant to this chapter must be paid into the state treasury for the general fund, after the costs of recovering the fiscal sanction are deducted therefrom.

Source:

S.L. 1981, ch. 491, § 18; 1985, ch. 526, § 13.

50-11.1-07.8. Suspension of license, self-declaration, or registration document — Assessment upon a report of child abuse or neglect — Notification.

  1. The department may:
    1. Suspend a license, self-declaration, or registration document at any time after the onset of a child abuse and neglect assessment alleging the owner or operator, the holder of a self-declaration, or the in-home provider:
      1. Committed child abuse, including child sexual abuse, law enforcement has been involved, and continued operation is likely to jeopardize the health and safety of the children; or
      2. Neglected a child, law enforcement has been involved, and continued operation is likely to jeopardize the health and safety of the children.
    2. Suspend a license, self-declaration, or registration document upon a child abuse or neglect services required determination indicating a child has been abused or neglected by the owner or operator, the holder of a self-declaration, or the in-home provider, if continued operation is likely to jeopardize the health and safety of the children present.
    3. Prohibit the presence of an accused owner, operator, holder of a self-declaration, in-home provider, staff member, or adult or minor household member of the early childhood program, self-declaration, or in-home provider from the early childhood premises when children are in child care, upon a report of child abuse or neglect at the premises of the early childhood program, holder of the self-declaration, or registration, or involving a staff member or adult or minor household member if continued operation or the presence of the accused individual is likely to jeopardize the health and safety of the children present.
  2. Notwithstanding sections 50-11.1-07 and 50-25.1-11, the department:
    1. Shall notify the parent of any child receiving early childhood services if that program’s license, self-declaration, or registration document is suspended.
    2. Shall notify the owner, operator, holder of a self-declaration, or in-home provider and shall notify the parent of any child receiving early childhood services if an owner, operator, holder of a self-declaration, in-home provider, staff member, or adult or minor household member of the program providing care of the child is the subject of a child abuse and neglect assessment and the department determines:
      1. The reported child abuse or neglect places children in the early childhood program, self-declaration, or in-home provider at risk of abuse or neglect; and
      2. If the reported child abuse or neglect occurred outside the care, supervision, or guidance of children in an early childhood program, self-declaration, or in-home provider, there was an impact or is a potential impact on care, supervision, or guidance of the children in the early childhood program, self-declaration, or in-home provider.
    3. Shall notify the owner, operator, holder of a self-declaration, or in-home provider and shall notify the parent of any child receiving early childhood services that an owner, operator, holder of a self-declaration, in-home provider, staff member, or adult or minor household member is prohibited from the premises of the early childhood program, self-declaration, or in-home provider under subsection 1.
  3. Upon the conclusion and disposition of a child abuse and neglect assessment for which a determination services are required is found or for which the department issued a notice under subsection 2, the department shall provide notification of the disposition to the parent of each child who at the time of the determination is receiving early childhood services.
  4. Notwithstanding any provision to the contrary, any action taken under this section may preclude an individual’s ability to operate pending an appeal.
  5. Notwithstanding subsections 2 and 3:
    1. The department may reconsider a suspension or prohibition.
    2. If law enforcement requests a delay in notification, the department may delay notifying the owner, operator, holder of a self-declaration, or in-home provider and delay notifying the parent of any child receiving early childhood services. To be valid, a law enforcement request for a notification delay must be provided to the department in writing within forty- eight hours of law enforcement receiving notification of an alleged criminal matter. A notification delay may last up to sixty days and, upon request of law enforcement, may be renewed.

Source:

S.L. 1995, ch. 465, § 1; 2003, ch. 416, § 3; 2009, ch. 422, § 19; 2011, ch. 360, § 1; 2017, ch. 347, § 1, effective August 1, 2017; 2019, ch. 407, § 2, effective August 1, 2019.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 360, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 19 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-08. Minimum standards — Rules — Inspection by a governmental unit.

The department may:

  1. Establish reasonable minimum standards for the operation of early childhood programs, self-declaration, and the registration of in-home providers. In appropriate circumstances and upon good cause shown, specific minimum standards may be substituted by alternate, equivalent standards, approved by the department.
  2. Take such action and make reasonable rules for the regulation of early childhood services necessary to carry out the purposes of this chapter and entitle the state to receive aid from the federal government.
  3. Authorize a governmental unit to:
    1. Inspect the premises for which a license, self-declaration, or registration document is applied or issued under this chapter; and
    2. Certify to the department that the premises of a program, holder of self-declaration, or registration document meets the requirements of this chapter and the minimum standards prescribed by the department.

Source:

S.L. 1975, ch. 444, § 8; 1979, ch. 509, § 7; 1981, ch. 491, § 7; 1985, ch. 526, § 14; 2009, ch. 422, § 20.

Effective Date.

The 2009 amendment of this section by section 20 of chapter 422, S.L. 2009 became effective July 1, 2009.

Collateral References.

Tort liability of private nursery school or day-care center, or employee thereof, for injury to child while attending facility, 58 A.L.R.4th 240.

Governmental liability for negligence in licensing, regulating, or supervising private day-care home in which child is injured, 68 A.L.R.4th 266.

50-11.1-09. Revocation of license, self-declaration, or registration document.

  1. The department may revoke the license, self-declaration, or registration document of any early childhood services provider upon proper showing of any of the following:
    1. Any of the applicable conditions set forth in sections 50-11.1-04, 50-11.1-06, and section 50-11.1-17 as prerequisites for the issuance of the license, self-declaration, or registration document no longer exist.
    2. The licensee, holder of a self-declaration, or registrant is no longer in compliance with the minimum standards prescribed by the department.
    3. The license, self-declaration, or registration document was issued upon fraudulent or untrue representation.
    4. The licensee, holder of a self-declaration, or registrant has violated any rules of the department.
    5. The licensee, holder of a self-declaration, registrant, or a household member of a home out of which early childhood services are provided has been found guilty of, or pled guilty to, an offense the department determines has a direct bearing upon an individual’s ability to serve the public as a licensee, a holder of a self-declaration, or a registrant.
    6. The licensee, holder of a self-declaration, or registrant has been convicted of any offense and the department, acting pursuant to section 12.1-33-02.1, has determined that the individual has not been sufficiently rehabilitated.
    7. The department may consider the early childhood services history of the licensee, holder of a self-declaration, or registrant in determining revocation of a license, self-declaration, or in-home registration document.
  2. The department shall notify, in writing, the parent of each child receiving early childhood services from the early childhood services provider that is the subject of the revocation notice.

Source:

S.L. 1975, ch. 444, § 9; 1977, ch. 130, § 65; 1979, ch. 509, § 8; 1981, ch. 491, § 8; 1985, ch. 526, § 15; 2003, ch. 416, § 4; 2009, ch. 422, § 21.

Effective Date.

The 2009 amendment of this section by section 21 of chapter 422, S.L. 2009 became effective July 1, 2009.

Cross-References.

Definition of offense, see § 12.1-01-04.

50-11.1-10. Denial or revocation of license, four-year old program approval, self-declaration, or registration document — Administrative hearing.

Before the department may deny any application for a license, four-year old program approval, self-declaration, or registration document under this chapter or before the department may revoke any license, four-year old program approval, self-declaration, or registration document, the department shall provide a written notice to the applicant, licensee, or holder of the four-year old program approval, self-declaration, or registration document of the reasons for the denial or revocation. The applicant, licensee, holder of a four-year old program approval or self-declaration, or registrant may request an administrative hearing appealing the denial or revocation in the manner provided in chapter 28-32. The applicant, licensee, holder of a self-declaration, or registrant shall make a request for hearing to the department within ten days after receipt of the notice of denial or revocation from the department.

Source:

S.L. 1975, ch. 444, § 10; 2009, ch. 422, § 22; 2021, ch. 358, § 6, effective July 1, 2021.

Effective Date.

The 2009 amendment of this section by section 22 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-11. Public agency purchase of early childhood services.

No agency of state or local government may purchase early childhood services, including care provided by or in the home of a relative, unless the early childhood program is licensed, registered, or approved by the department.

Source:

S.L. 1975, ch. 444, § 11; 1979, ch. 509, § 9; 1985, ch. 526, § 16; 2009, ch. 422, § 23.

Effective Date.

The 2009 amendment of this section by section 23 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-11.1. Resource and referral services — Authority of department to make grants — Federal funds — Components.

  1. The department may make grants to public and private nonprofit entities for the planning, establishment, expansion, improvement, or operation of early childhood services. Public or private entities may apply to the department for funding. Applicants shall apply for grants on forms provided by the department. Applications for grants using funds received by the state under subsection 2 must include assurances that federal requirements have been met.
  2. The department shall submit an application annually to the United States secretary of health and human services for the purpose of obtaining the state’s allotment of funds authorized under chapter 8 of title VI of the Omnibus Budget Reconciliation Act of 1981 [42 U.S.C. 9871-9877] or under any subsequent federal law providing funding for child care and development programs.
  3. Each entity providing early childhood resource and referral services shall identify all existing related early childhood services through information provided by all relevant public and private entities in the areas of service and must develop a resource file of these services which must be maintained and updated at least quarterly. The services must include early childhood services as identified in section 50-11.1-02.
  4. Each entity providing early childhood resource and referral services shall establish a referral process that responds to parental needs for information, fully ensures the confidentiality of records and information as required under subsection 4 of section 50-11.1-07, affords parents maximum access to all referral information, and includes telephone referral available for no less than twenty hours per week and access via the internet. Each entity shall publicize its services through popular media sources, agencies, employers, and other appropriate methods.
  5. All early childhood services resource and referral entities shall maintain documentation of the number of calls and contacts received and may collect and maintain the following information:
    1. Ages of children served.
    2. Time category of child care request for each child.
    3. Special time category, such as nights, weekends, or swing shift.
    4. The reason child care is needed.
  6. Each early childhood services resource and referral entity shall have available, as an educational aid to parents, information on available parent, early childhood, and family education programs in the community and information on aspects of evaluating the quality and suitability of early childhood services, including licensing regulation, financial assistance availability, child abuse reporting procedures, and appropriate child development information.
  7. A child care resource and referral entity shall provide technical assistance to existing and potential providers of all types of early childhood services and to employers. This assistance must include:
    1. Information on all aspects of initiating new early childhood services, including licensing, zoning, program and budget development, and assistance in finding information from other sources;
    2. Information and resources which help existing early childhood service providers to maximize their ability to serve the children and parents of their community;
    3. Dissemination of information on current public issues affecting the local and statewide delivery of early childhood services;
    4. Facilitation of communication between existing early childhood service providers and child-related services in the community served;
    5. Recruitment of licensed providers; and
    6. Options, and the benefits available to employers utilizing the various options, to expand child care services to employees.
  8. Services prescribed by this section must be designed to maximize parental choice in the selection of early childhood services and to facilitate the maintenance and development of such services and resources.

Source:

S.L. 1991, ch. 509, § 7; 2009, ch. 422, § 24.

Effective Date.

The 2009 amendment of this section by section 24 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-12. Violation of chapter or rules — Injunction.

The department or the department’s authorized agent may seek injunctive action against an individual who provides early childhood services for which licensure is required, an early childhood program, holder of a self-declaration, or in-home provider in the district court through proceedings instituted by the attorney general on behalf of the department or by a state’s attorney on behalf of the authorized agent, if:

  1. There is a violation of this chapter or a rule adopted under this chapter; or
  2. An early childhood program, holder of a self-declaration, or in-home provider, after notice and opportunity for hearing on the notice of noncompliance, on the resumption of the fiscal sanction, or after administrative hearing confirming and upholding the fiscal sanction does not pay a properly assessed fiscal sanction in accordance with section 50-11.1-07.6.

Source:

S.L. 1975, ch. 444, § 12; 1981, ch. 491, § 9; 1985, ch. 526, § 17; 2009, ch. 422, § 25; 2017, ch. 348, § 9, effective July 1, 2017.

Effective Date.

The 2009 amendment of this section by section 25 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-13. Penalty.

Any person, partnership, firm, corporation, limited liability company, association, or organization who violates any of the provisions of this chapter is guilty of a class B misdemeanor.

Source:

S.L. 1975, ch. 444, § 13; 1993, ch. 54, § 106.

Collateral References.

Tort liability of private nursery school or day-care center, or employee thereof, for injury to child while attending facility, 58 A.L.R.4th 240.

50-11.1-13.1. Penalty for provision of services — When applicable.

  1. An individual who provides early childhood services to any child, other than a child who is a member of that individual’s household, is guilty of a class B misdemeanor if:
    1. Those services are provided after that individual is required to register as a sexual offender;
    2. The department has denied that individual’s application for licensure, or self-declaration, or registration to provide early childhood services or has revoked that individual’s license, self-declaration, or registration document to provide early childhood services following a finding that services are required under chapter 50-25.1 and that finding has become final or has not been contested by that individual;
    3. The individual allows another individual to be in the presence of the child receiving early childhood services if that other individual is required to register as a sexual offender or has had an application for licensure, self-declaration, or registration to provide early childhood services denied or revoked by the department following a finding that services are required under chapter 50-25.1 and that finding has become final or has not been contested by that other individual; or
    4. The individual has been found guilty of, pled guilty to, or pled no contest to:
      1. An offense described under chapter 12.1-16, 12.1-18, 12.1-27.2, or 12.1-41; section 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-03, 12.1-17-04, 12.1-17-06, 12.1-17-07.1, 12.1-17-12, 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-07, 12.1-21-01, 12.1-22-01, 12.1-29-01, 12.1-29-02, 12.1-31-05, or 14-09-22; or subdivision b of subsection 2 of section 12.1-22-02.
      2. An offense under the laws of another jurisdiction which requires proof of substantially similar elements as the elements required for conviction under any offense identified in paragraph 1.
  2. An individual is not guilty of a class B misdemeanor under paragraphs b and c of subsection 1 if the department has made a determination that the individual is able to provide care that is free of abuse and neglect, in spite of a finding that services are required under chapter 50-25.1, which has become final or has not been contested.
  3. An individual is not guilty of a class B misdemeanor under subdivision d of subsection 1 in the case of a misdemeanor offense described under sections 12.1-17-01, 12.1-17-03, 12.1-17-06, or 12.1-17-07.1, or an equivalent offense in another jurisdiction which requires proof of substantially similar elements as required for conviction for offenses under sections 12.1-17-01, 12.1-17-03, 12.1-17-06, or 12.1-17-07.1, if five years have elapsed after final discharge or release from any term of probation, parole, or other form of community corrections or imprisonment, without subsequent conviction.

Source:

S.L. 1995, ch. 466, § 1; 1997, ch. 409, § 1; 2009, ch. 422, § 26; 2015, ch. 339, § 5, effective August 1, 2015; 2021, ch. 369, § 1, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 339, S.L. 2015 became effective August 1, 2015.

The 2009 amendment of this section by section 26 of chapter 422, S.L. 2009 became effective July 1, 2009.

50-11.1-14. Workforce development.

  1. The department may establish a statewide system to build systematic early childhood workforce voluntary training which may include distance learning formats, a professional registry, certificates, and specializations.
  2. The department may charge reasonable fees for all training and development courses to offset costs. All fees collected under this section must be paid to the department or the department’s authorized agent and must be used to defray the cost of providing training and development courses to providers and staff members of early childhood services.

Source:

S.L. 2007, ch. 418, § 2; 2021, ch. 12, § 28, effective July 1, 2021.

Effective Date.

This section became effective July 1, 2007.

50-11.1-14.1. Workforce development — Quality improvement — Technical assistance — Capacity building.

  1. The department shall provide voluntary, progressive training opportunities leading to credentials and shall provide supports for the early childhood care and education workforce. The department shall implement a registry to track workforce participation.
  2. The department shall implement a voluntary quality improvement process for licensed early childhood facilities. The department may provide a quality incentive payment and a higher reimbursement rate for child care assistance program payments to a participating early childhood facility. The department may provide technical assistance and support to an early childhood facility that applies for quality improvement and may provide financial incentives to an early childhood facility that sustains and increases program quality. The department may contract with a private, nonprofit agency to provide technical assistance under this subsection.
  3. The department may provide supports and incentives to build child care capacity, including:
    1. Technical assistance and support to individuals who want to establish a new program or expand existing capacity to include information on needs assessments, regulatory processes, facility design and furnishings, startup and operating budgets, staffing patterns, curriculum evaluation, and development of business plans.
    2. Grants to programs with a viable business plan to support early childhood facility development and expansion in areas with a demonstrated need.
  4. The department shall coordinate with other state agencies as necessary to implement the provisions of this section.

Source:

S.L. 2009, ch. 425, § 1.

Effective Date.

This section became effective July 1, 2009.

50-11.1-15. Early childhood services advisory board — Membership — Duties.

  1. The early childhood services advisory board is composed of seven members appointed by the director of the department. The members of the board must include a broad-based geographically distributed membership. The term of office is four years expiring on July thirty-first with no more than two terms expiring in any one year. A vacancy occurring other than by reason of the expiration of a term must be filled in the same manner as the original appointment, except that the appointment may be made for only the remainder of the unexpired term. The members are entitled to be paid for mileage and expenses incurred in attending meetings and in performance of their official duties in amounts provided by law for other state officers and employees. A member also is entitled to be reimbursed up to one hundred dollars per day for the expenses incurred by the member which relate to the hiring of a substitute early childhood services provider in order that the member may attend meetings and perform the member’s official duties.
  2. The early childhood services advisory board shall:
    1. Advise the department each time the department reviews early childhood services rules;
    2. Upon the completion of the department’s review, with the assistance of the department, conduct an analysis of and make recommendations to the department regarding the department’s review of the early childhood services rules, however, final approval of any administrative rule changes must be completed through the administrative rulemaking process set forth in chapter 28-32; and
    3. On an ongoing basis, make recommendations to the department regarding changes and revisions to the early childhood services rules. The recommendations, the goal of which is to streamline and improve the quality of the early childhood services process, must seek to balance the need for rules that ensure safe quality child care with the need to revise or eliminate rules that create unnecessary barriers for early childhood service providers.

Source:

S.L. 2009, ch. 423, § 1; 2013, ch. 375, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 375, S.L. 2013 became effective April 12, 2013, pursuant to an emergency clause in section 4 of chapter 375, S.L. 2013.

This section became effective April 22, 2009, pursuant to an emergency clause in section 3 of chapter 423, S.L. 2009.

50-11.1-16. Self-declaration — Approved application required — Fees.

    1. An application for self-declaration is voluntary. If an individual applies for self-declaration from the department, the department or the department’s authorized agent shall determine whether the standards for self-declaration have been met and shall approve or deny a self-declaration based upon that determination.
    2. An applicant for self-declaration shall pay a nonrefundable fee of fifteen dollars at the time the application is filed.
    3. An applicant for self-declaration, who currently holds a license or self-declaration, shall submit the nonrefundable fees with the application at least sixty days and no more than ninety days before the expiration date of the applicant’s current license or self-declaration. If the nonrefundable fees and application are submitted less than sixty days before expiration of the applicant’s current license or self-declaration, the applicant shall submit with the application two times the regular nonrefundable fees.
  1. All fees collected under this section must be paid to the department or the department’s authorized agent and must be used to defray the cost of investigating, inspecting, and evaluating applications for self-declarations or to provide training to providers of early childhood services.

Source:

S.L. 2009, ch. 422, § 8; 2017, ch. 348, § 10, effective January 1, 2018.

Effective Date.

This section became effective July 1, 2009.

50-11.1-17. Application for self-declaration — Prerequisites for approval — Approval — Term.

  1. Applications for self-declarations must be made on forms provided and in the manner prescribed by the department. The department or the department’s authorized agent shall investigate the applicant and every individual living in the private residence and shall conduct a background check. The department or the department’s authorized agent shall conduct the investigation in accordance with the rules adopted by the department and shall determine whether any of them has a criminal record or has had a finding of services required for child abuse or neglect filed against them. Except as otherwise provided, the department shall approve a self-declaration within thirty days of receipt of a completed application and all supporting documents by the department and upon the applicant’s declaration:
    1. The premises to be used are in fit and sanitary condition to provide for the health and safety of all children and are maintained according to the standards prescribed by the rules of the department;
    2. The applicant is able to provide for the health and safety of each child receiving early childhood services from the applicant according to this chapter and standards prescribed by the department as set forth in the rules of the department;
    3. The applicant has not had a previous license or self-declaration denied or revoked within the twelve months before the date of the current application;
    4. The applicant has not had three or more previous licenses or self-declarations denied or revoked. The most recent revocation or denial may not have occurred within five years of the application date;
    5. The applicant has paid the required application fees;
    6. The applicant has paid any penalties and sanctions assessed against the program required by sections 50-11.1-03 and 50-11.1-07.4;
    7. The applicant is currently certified in infant and pediatric cardiopulmonary resuscitation, including the use of an automated external defibrillator by the American heart association, the American red cross, or a similar cardiopulmonary resuscitation and automated external defibrillator training program approved by the department;
    8. The emergency designee used by the applicant, if any, is currently certified in infant and pediatric cardiopulmonary resuscitation, including the use of an automated external defibrillator by the American heart association, the American red cross, or a similar cardiopulmonary resuscitation and automated external defibrillator training program approved by the department;
    9. The applicant is currently certified in first aid through a training program approved by the department; and
    10. The application and supporting documents do not include any fraudulent or untrue representations.
  2. The department may consider the early childhood services history of the applicant in determining issuance of a self-declaration document.
  3. The department may issue a provisional self-declaration document in accordance with the rules of the department. The department shall consider issuing a provisional or restricted self-declaration document before revoking a self-declaration document. The department may require the holder of a self-declaration to provide a compliance plan to address compliance issues with this chapter and rules of the department. The department shall review the compliance plan before issuing a provisional or restricted self-declaration document. The department shall approve the provisional self-declaration document if the department approves the compliance plan. The department may revoke a self-declaration document if the holder of a self-declaration fails to comply with the department approved compliance plan or for any additional violations of this chapter or rules of the department.
  4. The department shall notify the holder of a self-declaration that the holder of a self-declaration is required to post a notice of late application at the self-declaration premises if the department has not received a completed application and all supporting documents for licensure or self-declaration renewal at least thirty days before the expiration date of a self-declaration.

Source:

S.L. 2009, ch. 422, § 9; 2015, ch. 339, § 6, effective August 1, 2015; 2017, ch. 348, § 11, effective January 1, 2018; 2019, ch. 406, § 7, effective August 1, 2019; 2019, ch. 407, § 3, effective August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 6 of chapter 339, S.L. 2015 became effective August 1, 2015.

This section became effective July 1, 2009.

Note.

Section 50-11.1-17 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 7 of Chapter 406, Session Laws 2019, Senate Bill 2245; and Section 3 of Chapter 407, Session Laws 2019, Senate Bill 2043.

50-11.1-18. Early childhood services inclusion support services and grant program. [Effective through August 31, 2022]

  1. The department may establish in collaboration with the department of commerce an early childhood services inclusion grant program for early childhood services providers that provide, or applicants for licensure who indicate they will provide, care for children with disabilities or developmental delays. The grant program must be designed to:
    1. Support the staffing needs to expand the ability to care for children with disabilities or developmental delays; and
    2. Assist in modifying or adapting the early childhood services setting as needed to address the health, safety, and developmental needs of children with disabilities or developmental delays.
  2. The department may fund early childhood services specialists to make available technical assistance to early childhood services providers that care for children with special needs or developmental delays. The technical assistance program must be designed to:
    1. Assist early childhood services providers that request support and information regarding caring for children with special needs or developmental delays;
    2. Assist early childhood services providers in adapting the program environment and care practices to meet the individual child’s needs and to build the early childhood services providers’ capacity to serve children with special needs or developmental delays;
    3. In partnership with the child’s parents and health care provider, assist the early childhood services provider in the development or coordination of care plans for children with special needs or special health care needs relevant to the care setting;
    4. In partnership with the child’s parents, foster communication with the team of specialists serving the child to ensure consistency in therapy practices and appropriate approaches;
    5. Provide classroom training to early childhood services providers to assist the providers in the integration of children with special needs; and
    6. As requested by the early childhood services providers, conduct one-on-one training at the provider’s business to assist the provider in the integration of children with special needs.
  3. The department may establish a grant review committee to assist in the development of grant guidelines, the review of applications, and the determination of awards or denials. The membership of the grant review committee must include representation from each of the following:
    1. The department of human services;
    2. The department of public instruction;
    3. The North Dakota training and information center;
    4. Child care aware of North Dakota;
    5. Parents of children with disabilities or at risk for developmental delays; and
    6. Other appropriate partners.
  4. To be eligible for the grant program, the early childhood services provider must:
    1. Be state-licensed, self-declared, or in the process of applying for licensure;
    2. Collaborate with service providers that provide formal supports to the child or children with disabilities or developmental delays; and
    3. Work with the child’s family and an inclusion or health specialist to complete a care plan appropriate for the child care setting.
  5. The department shall give priority consideration to licensed early childhood services providers that care for children with disabilities.
  6. For purposes of this section, a child with disabilities or who is at risk for developmental delays includes any child in this state between the ages of birth and twelve years who receives support through either public or private services and includes a child who is in the process of being evaluated for public or private formal support. A child who is at risk for developmental delays includes any child between the ages of birth and twelve years who received foster care services; who has a previous substantiated history as a victim of child abuse, neglect, or domestic violence; who is homeless; who has documented special health care needs; or who has a parent with a significant disability.
  7. The department may accept gifts, grants, and donations from any source to assist the department in the establishment and implementation of the early childhood services inclusion support services and grant program. Any gifts, grants, and donations received are appropriated to the department on a continuing basis for the purpose of funding the early childhood services inclusion support services and grant program under this section.

Source:

S.L. 2011, ch. 361, § 1; 2015, ch. 339, § 7, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 7 of chapter 339, S.L. 2015 became effective August 1, 2015.

This section became effective July 1, 2011.

50-11.1-18. Early childhood services inclusion support services and grant program. [Effective September 1, 2022]

  1. The department may establish in collaboration with the department of commerce an early childhood services inclusion grant program for early childhood services providers that provide, or applicants for licensure who indicate they will provide, care for children with disabilities or developmental delays. The grant program must be designed to:
    1. Support the staffing needs to expand the ability to care for children with disabilities or developmental delays; and
    2. Assist in modifying or adapting the early childhood services setting as needed to address the health, safety, and developmental needs of children with disabilities or developmental delays.
  2. The department may fund early childhood services specialists to make available technical assistance to early childhood services providers that care for children with special needs or developmental delays. The technical assistance program must be designed to:
    1. Assist early childhood services providers that request support and information regarding caring for children with special needs or developmental delays;
    2. Assist early childhood services providers in adapting the program environment and care practices to meet the individual child’s needs and to build the early childhood services providers’ capacity to serve children with special needs or developmental delays;
    3. In partnership with the child’s parents and health care provider, assist the early childhood services provider in the development or coordination of care plans for children with special needs or special health care needs relevant to the care setting;
    4. In partnership with the child’s parents, foster communication with the team of specialists serving the child to ensure consistency in therapy practices and appropriate approaches;
    5. Provide classroom training to early childhood services providers to assist the providers in the integration of children with special needs; and
    6. As requested by the early childhood services providers, conduct one-on-one training at the provider’s business to assist the provider in the integration of children with special needs.
  3. The department may establish a grant review committee to assist in the development of grant guidelines, the review of applications, and the determination of awards or denials. The membership of the grant review committee must include representation from each of the following:
    1. The department of health and human services;
    2. The department of public instruction;
    3. The North Dakota training and information center;
    4. Child care aware of North Dakota;
    5. Parents of children with disabilities or at risk for developmental delays; and
    6. Other appropriate partners.
  4. To be eligible for the grant program, the early childhood services provider must:
    1. Be state-licensed, self-declared, or in the process of applying for licensure;
    2. Collaborate with service providers that provide formal supports to the child or children with disabilities or developmental delays; and
    3. Work with the child’s family and an inclusion or health specialist to complete a care plan appropriate for the child care setting.
  5. The department shall give priority consideration to licensed early childhood services providers that care for children with disabilities.
  6. For purposes of this section, a child with disabilities or who is at risk for developmental delays includes any child in this state between the ages of birth and twelve years who receives support through either public or private services and includes a child who is in the process of being evaluated for public or private formal support. A child who is at risk for developmental delays includes any child between the ages of birth and twelve years who received foster care services; who has a previous substantiated history as a victim of child abuse, neglect, or domestic violence; who is homeless; who has documented special health care needs; or who has a parent with a significant disability.
  7. The department may accept gifts, grants, and donations from any source to assist the department in the establishment and implementation of the early childhood services inclusion support services and grant program. Any gifts, grants, and donations received are appropriated to the department on a continuing basis for the purpose of funding the early childhood services inclusion support services and grant program under this section.

Source:

S.L. 2011, ch. 361, § 1; 2015, ch. 339, § 7, effective August 1, 2015; 2021, ch. 352, § 423, effective September 1, 2022.

50-11.1-19. Play area regulation.

If a facility licensed under this chapter has sufficient indoor recreation space, the department may not require outdoor play space.

Source:

S.L. 2013, ch. 376, § 3.

Effective Date.

This section became effective July 1, 2013.

50-11.1-20. Staffing requirements. [Expired]

Source:

S.L. 2013, ch. 376, § 4; Expired under S.L. 2013, ch. 376, § 10.

50-11.1-21. Four-year old program — Approval.

  1. Any person or school district operating or seeking to operate a four-year old program may request approval for a two-year period of the four-year old program from the department. The department shall approve a four-year old program if the program:
    1. Is taught by individuals licensed to teach in early childhood education by the education standards and practices board or approved to teach in early childhood education by the education standards and practices board;
    2. Follows four-year old program requirements approved by the department;
    3. Is in compliance with all municipal and state health, fire, and safety requirements;
    4. Limits enrollment to children who have reached the age of four years old before August first in the year of enrollment;
    5. Submits a nonrefundable fee of fifty dollars at the time the application is filed. All fees collected under this section must be paid to the department and must be used to defray the cost of investigating, inspecting, and evaluating applications for approval; and
    6. Is in compliance with this chapter.
  2. In determining the state aid payments to which a school district is entitled, the superintendent of public instruction may not count a student enrolled in a regular four-year old program.
  3. The department may investigate and inspect a four-year old program applicant or four-year old program and the conditions of the premises and the qualifications of current and prospective staff. The department may use the findings of the investigation and inspection to determine approval.
  4. The department may revoke the four-year old program upon proper showing that:
    1. Any applicable conditions as prerequisites for the issuance of the approval no longer exist.
    2. The program is no longer in compliance with the minimum standards prescribed by the department.
    3. The program approval was issued upon fraudulent or untrue presentation.
    4. The program has violated any rules of the department.
  5. If an action to revoke a four-year old program approval is appealed, the provider may continue the operation of the program pending the final administrative determination or until the approval expires, whichever occurs first.

Source:

S.L. 2021, ch. 358, § 7, effective July 1, 2021.

50-11.1-22. Early childhood grant for best in class four–year old experiences. [Expires July 1, 2025]

  1. A four-year old program deemed eligible under section 50-11.1-23 may submit an application for the best in class four-year old experiences grant. An approved program is eligible for an annual award of one hundred twenty thousand dollars per approved group size. The grant award must be matched with no less than twenty thousand dollars in other funds. The department shall assign a program support coach to each approved program. An approved program:
    1. Shall utilize the assigned support coach and utilize the sliding fee scale for parent fees, as established by the department.
    2. May use grant funds to support the provision of quality early childhood experiences, including expenditures related to staffing, training, equipment, and supplies.
    3. May not use grant funds for construction or rehabilitation. An approved program must enter a grant agreement with the department.
  2. The department may not collect equipment or supplies purchased with grant funds from the approved program after successful completion of the term of the grant.

Source:

S.L. 2021, ch. 368, § 2, effective August 1, 2021.

50-11.1-23. Eligibility for best in class four-year old experiences grant. [Expires July 1, 2025]

  1. A four-year old program may submit, in the form and manner prescribed by the department, an application to the department for a grant under section 50-11.1-22, if the provider certifies to the department the provider:
    1. Operates a four-year old program in this state;
    2. Operates a four-year old program for children who have reached four years of age before August first in the year of enrollment;
    3. Operates a four-year old program that has a duration of at least four hundred hours over a period of at least thirty-two consecutive weeks;
    4. Incorporates within the four-year old program at least ten hours of research-based family engagement;
    5. Has been determined to meet the standards and expectations of no less than step three in the North Dakota early childhood quality improvement system;
    6. Is willing to admit children of all learning abilities into the four-year old program;
    7. Is willing to admit children who receive assistance from the child care assistance program into the four-year old program; and
    8. Is willing to operate in compliance with the grant requirements, including:
      1. Maintaining the recommended group size for number of children served in the four-year old program;
      2. Complying with requirements related to qualifications, training, and professional development of staff delivering services in the four-year old program; and
      3. Adhering to expectations established by the department related to four-year old program monitoring and oversight.
  2. The department may distribute grants under this section to approved four-year old programs, including four-year old programs operated as early childhood programs by educational facilities or federally funded head start programs or in connection with a church, business, or organization that operates a four-year old program.
  3. The department may recapture grant funds distributed to an approved four-year old program found by the department to be out of compliance with requirements established for the best in class four-year old experiences grant program.

Source:

S.L. 2021, ch. 368, § 3, effective August 1, 2021.

50-11.1-24. Grant program data collection — Requirements. [Expires July 1, 2025]

The state agency with approval authority over four-year old programs, with the advice and consent of the department, shall implement a uniform system for the accounting, budgeting, and reporting of data by any four-year old program provider to whom or to which grants are distributed under section 50-11.1-23. Grants may be withheld or forfeited, in whole or in part, if information required in accordance with this section is not submitted at the time or in the manner requested by the state agency with approval authority over four-year old programs. A grant recipient shall consent to provide information needed to comply with data collection requirements. The state agency with approval authority over four-year old programs shall disclose the requested information to the department.

Source:

S.L. 2021, ch. 368, § 4, effective August 1, 2021.

50-11.1-25. North Dakota early childhood council — Membership — Terms.

  1. The North Dakota early childhood council consists of:
    1. A chairman appointed by the governor;
    2. The superintendent of public instruction, or the superintendent's designee;
    3. The state health officer, or the officer's designee;
    4. The director of the department, or the director's designee;
    5. The North Dakota head start-state collaboration administrator, or the administrator's designee;
    6. The commissioner of higher education, or the commissioner's designee;
    7. The commissioner of commerce, or the commissioner's designee;
    8. The chairman of the senate education committee, or the chairman's designee;
    9. The chairman of the house of representatives education committee, or the chairman's designee;
    10. The chairman of the senate human services committee, or the chairman's designee;
    11. The chairman of the house of representatives human services committee, or the chairman's designee; and
    12. The following individuals appointed by the governor:
      1. The superintendent of a school district having at least one thousand students in average daily membership;
      2. The superintendent of a school district having fewer than one thousand students in average daily membership;
      3. The superintendent of a school district headquartered on a reservation or including reservation land within its boundaries;
      4. An individual representing a non-religious-based provider of a four-year old program;
      5. An individual representing a religious-based provider of a four-year old program;
      6. An individual representing a center-based licensed child care provider;
      7. An individual representing a home-based licensed child care provider;
      8. An individual representing a reservation-based head start program;
      9. An elected member of a school board;
      10. The parent of a child not yet enrolled in elementary school;
      11. The parent of a child with disabilities not yet enrolled in elementary school;
      12. An individual representing children with disabilities; and
      13. A special education director;
  2. The term of each member enumerated in subdivision l of subsection 1 is three years and begins on July first. The terms must be staggered by lot so four of the terms expire each year.
  3. If at any time during a member's term the member ceases to possess the qualifications required by this section, the member's seat is deemed vacant and the governor shall appoint another qualified individual to serve for the remainder of the term.
  4. A member may not serve more than two consecutive terms. If an individual is appointed to complete a vacancy, that service is not counted as a term, for purposes of this section, unless the duration of that service exceeds one year.
  5. The council shall meet at least twice each year, at the call of the chairman.

Source:

S.L. 2021, ch. 12, § 29, effective July 1, 2021; 2021, ch. 358, § 8, effective July 1, 2021.

Note.

Section 50-11.1-25 was amended 1 time by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 8 of Chapter 358, Session Laws 2021, House Bill 1416; Section 29 of Chapter 12, Session Laws 2021, House Bill 1012.

50-11.1-26. North Dakota early childhood council — Duties —- Reports.

The North Dakota early childhood council shall:

  1. Review the availability and provision of early childhood services in this state;
  2. Identify opportunities for public and private sector collaboration in the provision of early childhood services in this state;
  3. Identify ways to assist with the recruitment and retention of individuals interested in working as providers of early childhood services, including training and continuing education or professional development opportunities;
  4. Seek the advice and guidance of individuals uniquely familiar with the nature, scope, and associated challenges of providing early childhood services in geographically and socioeconomically diverse settings, and develop recommendations pertaining to the short-term and longer-term improvement and expansion of early childhood services in this state; and
  5. Provide a biennial report regarding the council's findings and recommendations to the governor and the legislative assembly.

Source:

S.L. 2021, ch. 358, § 9, effective July 1, 2021.

50-11.1-27. North Dakota early childhood council members — Reimbursements for expenses.

Each member of the North Dakota early childhood council is entitled to receive reimbursement for expenses as provided by law for state officers if the member is attending meetings or performing duties directed by the council. In addition, each member of the legislative assembly who serves on the council is entitled to receive compensation in the amount provided per day for members of the legislative management under section 54-35-10 for attending meetings or performing duties as directed by the council.

Source:

S.L. 2021, ch. 358, § 10, effective July 1, 2021.

CHAPTER 50-11.2 Foster Care Parent Grievance [Repealed]

Source:

Repealed by S.L. 2021, ch. 353, § 24, effective August 1, 2021.

50-11.2-01. Foster care parent grievance. [Repealed]

Source:

S.L. 1983, ch. 526, § 1; 2019, ch. 391, § 111, effective January 1, 2020; repealed by 2021, ch. 353, § 24, effective August 1, 2021.

50-11.2-02. Grievance procedure. [Repealed]

Source:

S.L. 1983, ch. 526, § 2; 2019, ch. 391, § 112, effective January 1, 2020; repealed by 2021, ch. 353, § 24, effective August 1, 2021.

CHAPTER 50-11.3 Criminal History Record Investigation

50-11.3-01. Criminal history record investigation required. [Effective through August 31, 2022]

  1. Before appointment as a legal guardian under chapter 27-20.1, the individual to be appointed legal guardian must be subject to an assessment that includes the result of a criminal history record investigation made under this section. In addition, any adult living in the household of the individual to be appointed legal guardian must be subject to a criminal history record investigation made under this section.
  2. An individual to be appointed legal guardian or any adult living in that individual’s household as described in subsection 1 shall secure, from a law enforcement agency or other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law. Upon a request made under this section, a law enforcement agency shall take fingerprints of any individual to be appointed legal guardian or any adult living in that individual’s household as described in subsection 1 and may charge a reasonable fee to offset the cost of fingerprinting.
  3. An individual to be appointed legal guardian or any adult living in that individual’s household as described in subsection 1 shall assure that information obtained under subsection 2 is provided to the department of human services.
  4. Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department of human services shall submit those fingerprints and that information to the bureau of criminal investigation.
  5. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of a response, provide the response of the federal bureau of investigation to the department of human services. The bureau of criminal investigation shall also provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department of human services. The bureau of criminal investigation may charge a reasonable fee to offset the cost of providing any criminal history record information and may require payment of any charge imposed by the federal bureau of criminal investigation for a nationwide background check.
  6. The department of human services shall provide an individual to be appointed legal guardian or any adult living in that individual’s household, who provided the department with information under subsection 2, with any information received under this section from the bureau of criminal investigation which the department of human services is not prevented by federal law from disclosing to the individual to be appointed legal guardian or any adult living in that individual’s household.
  7. The department of human services may adopt emergency rules under this section without the finding otherwise required under section 28-32-02.
  8. A criminal history record investigation completed under this section may be used to satisfy the criminal history record investigation requirements of sections 50-11-06.8 and 50-12-03.2.

Source:

S.L. 1999, ch. 282, § 23, 2007, ch. 115, § 17; 2021, ch. 245, § 38, effective July 1, 2021; 2021, ch. 352, § 426, effective September 1, 2022.

Effective Date.

The 2007 amendment of this section by section 17 of chapter 115, S.L. 2007 became effective May 1, 2007, pursuant to an emergency clause in section 23 of chapter 115, S.L. 2007.

Note.

Section 50-11.3-01 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 38 of Chapter 245, Session Laws 2021, House Bill 1035; and Section 426 of Chapter 352, Session Laws 2021, House Bill 1247.

50-11.3-01. Criminal history record investigation required. [Effective September 1, 2022]

  1. Before appointment as a legal guardian under chapter 27-20.1, the individual to be appointed legal guardian must be subject to an assessment that includes the result of a criminal history record investigation made under this section. In addition, any adult living in the household of the individual to be appointed legal guardian must be subject to a criminal history record investigation made under this section.
  2. An individual to be appointed legal guardian or any adult living in that individual’s household as described in subsection 1 shall secure, from a law enforcement agency or other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law. Upon a request made under this section, a law enforcement agency shall take fingerprints of any individual to be appointed legal guardian or any adult living in that individual’s household as described in subsection 1 and may charge a reasonable fee to offset the cost of fingerprinting.
  3. An individual to be appointed legal guardian or any adult living in that individual’s household as described in subsection 1 shall assure that information obtained under subsection 2 is provided to the department of health and human services.
  4. Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department of health and human services shall submit those fingerprints and that information to the bureau of criminal investigation.
  5. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of a response, provide the response of the federal bureau of investigation to the department of health and human services. The bureau of criminal investigation shall also provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department of health and human services. The bureau of criminal investigation may charge a reasonable fee to offset the cost of providing any criminal history record information and may require payment of any charge imposed by the federal bureau of criminal investigation for a nationwide background check.
  6. The department of health and human services shall provide an individual to be appointed legal guardian or any adult living in that individual’s household, who provided the department with information under subsection 2, with any information received under this section from the bureau of criminal investigation which the department of health and human services is not prevented by federal law from disclosing to the individual to be appointed legal guardian or any adult living in that individual’s household.
  7. The department of health and human services may adopt emergency rules under this section without the finding otherwise required under section 28-32-02.
  8. A criminal history record investigation completed under this section may be used to satisfy the criminal history record investigation requirements of sections 50-11-06.8 and 50-12-03.2.

Source:

S.L. 1999, ch. 282, § 23, 2007, ch. 115, § 17; 2021, ch. 245, § 38, effective July 1, 2021; 2021, ch. 352, § 426, effective September 1, 2022.

50-11.3-02. Criminal history record investigation — Effect of results.

  1. An individual may not be licensed or approved as a foster parent or treated as having a home suitable for the adoption of any child other than the individual’s stepchild and a foster care facility that employs or houses an individual may not be licensed or approved, if the individual is the subject of a criminal history record investigation that reveals:
    1. A felony conviction by a court of competent jurisdiction for criminal conduct involving:
      1. Child abuse or neglect;
      2. Domestic violence, as that term is used in chapter 14-07.1;
      3. A crime in which a child was a victim, including the creation or distribution of child pornography; or
      4. A crime involving violence, including rape, sexual assault, or murder, but not including other physical assault or battery;
    2. A felony conviction entered within the past five years by a court of competent jurisdiction for criminal conduct involving:
      1. A crime involving violence not described in subdivision a;
      2. Any drug-related offense; or
      3. An attempt, facilitation, solicitation, or conspiracy to commit criminal conduct described in subdivision a;
    3. A felony conviction entered by a court of competent jurisdiction for criminal conduct described in subdivision b if five years have not elapsed after final discharge or release from any term of probation, parole, or other form of community corrections, without subsequent conviction, unless the individual demonstrates sufficient rehabilitation; or
    4. A felony conviction entered by a court of competent jurisdiction for criminal conduct described in subdivision b or a misdemeanor conviction by a court of competent jurisdiction for a crime in which a child was the victim or a crime of violence if the individual is not sufficiently rehabilitated.
  2. The department, in accordance with section 50-11-02, may adopt rules, using this section as a minimum requirement, to determine whether to deny or revoke a foster care facility’s license, in accordance with section 50-11-07, if that facility houses or employs an individual who has a criminal record.
  3. The department, in accordance with chapter 50-12, may adopt rules, using this section as a minimum requirement, to determine whether an individual or an individual’s home is suitable for the adoption of any child through a child-placing agency.

Source:

S.L. 1999, ch. 282, § 23; 2009, ch. 424, § 1.

Effective Date.

The 2009 amendment of this section by section 1 of chapter 424, S.L. 2009 became effective August 1, 2009.

CHAPTER 50-12 Child-Placing Agency

50-12-01. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:

  1. “Child-placing agency” means any person undertaking to place children in family homes for temporary or permanent care.
  2. “Placement” means the transfer of physical custody of a child from a birth parent for foster or adoptive care until an adoption is finalized.

Source:

S.L. 1915, ch. 183, § 6; 1923, ch. 162, § 1; 1925 Supp., § 5099c1; R.C. 1943, § 50-1201; S.L. 1993, ch. 54, § 106; 2003, ch. 417, § 1.

Collateral References.

“Wrongful adoption” causes of action against adoption agencies where children have or develop mental or physical problems that are misrepresented or not disclosed to adoptive parents, 74 A.L.R.5th 1.

50-12-02. Child-placing agency licensed — Rules. [Effective through August 31, 2022]

Every child-placing agency shall secure a license from the department of human services. The department shall adopt rules establishing the requirements for licensure as a child-placing agency.

Source:

S.L. 1915, ch. 183, § 6; 1923, ch. 162, § 1; 1925 Supp., § 5099c1; R.C. 1943, § 50-1202; S.L. 1951, ch. 289, § 1; 1957 Supp., § 50-1202; S.L. 2003, ch. 417, § 2; 2009, ch. 424, § 2.

Effective Date.

The 2009 amendment of this section by section 2 of chapter 424, S.L. 2009 became effective August 1, 2009.

50-12-02. Child-placing agency licensed — Rules. [Effective September 1, 2022]

Every child-placing agency shall secure a license from the department of health and human services. The department shall adopt rules establishing the requirements for licensure as a child-placing agency.

Source:

S.L. 1915, ch. 183, § 6; 1923, ch. 162, § 1; 1925 Supp., § 5099c1; R.C. 1943, § 50-1202; S.L. 1951, ch. 289, § 1; 1957 Supp., § 50-1202; S.L. 2003, ch. 417, § 2; 2009, ch. 424, § 2; 2021, ch. 352, § 427, effective September 1, 2022.

50-12-02.1. Out-of-state child-placing agency license requirements. [Effective through August 31, 2022]

  1. Except as otherwise provided in this section, a child-placing agency that does not maintain an office in this state may apply for and receive a license under the same terms and conditions as a resident child-placing agency.
  2. A child-placing agency that does not maintain an office in this state shall name on its license application at least one resident child-placing agency. Resident child-placing agencies named on the application shall certify their willingness to:
    1. Receive service of process for papers to be served on the out-of-state child-placing agency;
    2. Assist when requested by the department of human services in the supervision and visitation of children placed in either temporary or permanent homes by the out-of-state child-placing agency; and
    3. Provide at the request of the department of human services all other facts, information, and reports to be made on behalf of the out-of-state child-placing agency.
  3. An out-of-state child-placing agency that complies with the licensing requirements of this chapter may not be required to maintain an office in this state.

Source:

S.L. 1985, ch. 198, § 2.

50-12-02.1. Out-of-state child-placing agency license requirements. [Effective September 1, 2022]

  1. Except as otherwise provided in this section, a child-placing agency that does not maintain an office in this state may apply for and receive a license under the same terms and conditions as a resident child-placing agency.
  2. A child-placing agency that does not maintain an office in this state shall name on its license application at least one resident child-placing agency. Resident child-placing agencies named on the application shall certify their willingness to:
    1. Receive service of process for papers to be served on the out-of-state child-placing agency;
    2. Assist when requested by the department of health and human services in the supervision and visitation of children placed in either temporary or permanent homes by the out-of-state child-placing agency; and
    3. Provide at the request of the department of health and human services all other facts, information, and reports to be made on behalf of the out-of-state child-placing agency.
  3. An out-of-state child-placing agency that complies with the licensing requirements of this chapter may not be required to maintain an office in this state.

Source:

S.L. 1985, ch. 198, § 2; 2021, ch. 352, § 428, effective September 1, 2022.

50-12-03. Requirements for licensure and employment — Term — Moral or religious conviction not bar to licensure or employment. [Effective through August 31, 2022]

The department of human services shall issue licenses for the conduct of child-placing agencies upon application. A child-placing agency shall require a criminal history record investigation on the owner and each employee of a child-placing agency who has direct contact with families, with children, or with both. The department of human services shall consider any criminal history record information available about the owner at the time a licensing decision is made and about an employee prior to the owner or the employee having direct contact with families, with children, or with both. Licenses must be granted for a period not exceeding two years. Licenses must be issued to reputable and responsible applicants upon a showing that they, and their agents, are equipped properly by training and experience to find and select suitable temporary or permanent homes for children and to supervise the homes when children are placed in them, to the end that the health, morality, and general well-being of children placed by them will be properly safeguarded. The department of human services may not deny a license because of the applicant’s objection to performing, assisting, counseling, recommending, facilitating, referring, or participating in a placement that violates the applicant’s written religious or moral convictions or policies.

Source:

S.L. 1915, ch. 183, § 6; 1923, ch. 162, § 2; 1925 Supp., § 5099c2; R.C. 1943, § 50-1203; S.L. 1951, ch. 289, § 2; 1957 Supp., § 50-1203; S.L. 2003, ch. 417, § 3; 2003, ch. 418, § 1; 2009, ch. 424, § 3.

Effective Date.

The 2009 amendment of this section by section 3 of chapter 424, S.L. 2009 became effective August 1, 2009.

50-12-03. Requirements for licensure and employment — Term — Moral or religious conviction not bar to licensure or employment. [Effective September 1, 2022]

The department of health and human services shall issue licenses for the conduct of child-placing agencies upon application. A child-placing agency shall require a criminal history record investigation on the owner and each employee of a child-placing agency who has direct contact with families, with children, or with both. The department of health and human services shall consider any criminal history record information available about the owner at the time a licensing decision is made and about an employee prior to the owner or the employee having direct contact with families, with children, or with both. Licenses must be granted for a period not exceeding two years. Licenses must be issued to reputable and responsible applicants upon a showing that they, and their agents, are equipped properly by training and experience to find and select suitable temporary or permanent homes for children and to supervise the homes when children are placed in them, to the end that the health, morality, and general well-being of children placed by them will be properly safeguarded. The department of health and human services may not deny a license because of the applicant’s objection to performing, assisting, counseling, recommending, facilitating, referring, or participating in a placement that violates the applicant’s written religious or moral convictions or policies.

Source:

S.L. 1915, ch. 183, § 6; 1923, ch. 162, § 2; 1925 Supp., § 5099c2; R.C. 1943, § 50-1203; S.L. 1951, ch. 289, § 2; 1957 Supp., § 50-1203; S.L. 2003, ch. 417, § 3; 2003, ch. 418, § 1; 2009, ch. 424, § 3; 2021, ch. 352, § 429, effective September 1, 2022.

50-12-03.1. Conviction not bar to licensure or employment — Exceptions. [Effective through August 31, 2022]

Conviction of an offense does not disqualify a person from licensure or employment under this chapter unless the department of human services determines that the offense has a direct bearing upon a person’s ability to serve the public as the owner or employee of a child-placing agency, or that, following the person’s conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1977, ch. 130, § 66; 2009, ch. 424, § 4.

Effective Date.

The 2009 amendment of this section by section 4 of chapter 424, S.L. 2009 became effective August 1, 2009.

Cross-References.

Definition of offense, see § 12.1-01-04.

50-12-03.1. Conviction not bar to licensure or employment — Exceptions. [Effective September 1, 2022]

Conviction of an offense does not disqualify a person from licensure or employment under this chapter unless the department of health and human services determines that the offense has a direct bearing upon a person’s ability to serve the public as the owner or employee of a child-placing agency, or that, following the person’s conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1977, ch. 130, § 66; 2009, ch. 424, § 4; 2021, ch. 352, § 430, effective September 1, 2022.

50-12-03.2. Criminal history record investigation required. [Effective through August 31, 2022]

  1. A child-placing agency shall include, in any adoptive home study report, the results of a criminal history record investigation made under this section. If the results reveal a conviction of a crime described in chapter 50-11.3 or determined by the department to have a direct bearing upon the person’s ability to provide a suitable home for placement of any child, or the department determines, following conviction of any other offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1, the home study report must include a determination that a home provided by the prospective adoptive parent is not a suitable home for the placement of any child and a recommendation that the petition for adoption be denied. A child-placing agency shall consider any criminal history record information available when making a recommendation in a home study report.
  2. A child-placing agency shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from any prospective adoptive parent and any adult living in the prospective adoptive parent’s household. Upon a request of a child-placing agency, a law enforcement agency shall take fingerprints of any prospective adoptive parent and any adult living in the prospective adoptive parent’s household for purposes of this section. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the cost of fingerprinting.
  3. The child-placing agency shall assure that information obtained under subsection 2 is provided to the department of human services and shall arrange payment to the bureau of criminal investigation sufficient to defray the cost of securing criminal history record information under this section.
  4. Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department of human services shall submit those fingerprints and that information to the bureau of criminal investigation.
  5. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of a response, provide the response of the federal bureau of investigation to the department of human services. The bureau of criminal investigation shall also provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department.
  6. The department of human services shall provide the child-placing agency with any information, received under this section from the bureau of criminal investigation, that the department of human services is not prevented by federal law from disclosing to the child-placing agency.
  7. The department of human services may adopt emergency rules under this section without the finding otherwise required under section 28-32-02.
  8. A criminal history record investigation completed under this section may be used to satisfy the criminal history record investigation requirements of sections 50-11-06.8 and 50-11.3-01.

Source:

S.L. 1999, ch. 282, § 24; 2003, ch. 417, § 4; 2007, ch. 115, § 18; 2009, ch. 424, § 5.

Effective Date.

The 2009 amendment of this section by section 5 of chapter 424, S.L. 2009 became effective August 1, 2009.

The 2007 amendment of this section by section 18 of chapter 115, S.L. 2007 became effective May 1, 2007, pursuant to an emergency clause in section 23 of chapter 115, S.L. 2007.

50-12-03.2. Criminal history record investigation required. [Effective September 1, 2022]

  1. A child-placing agency shall include, in any adoptive home study report, the results of a criminal history record investigation made under this section. If the results reveal a conviction of a crime described in chapter 50-11.3 or determined by the department to have a direct bearing upon the person’s ability to provide a suitable home for placement of any child, or the department determines, following conviction of any other offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1, the home study report must include a determination that a home provided by the prospective adoptive parent is not a suitable home for the placement of any child and a recommendation that the petition for adoption be denied. A child-placing agency shall consider any criminal history record information available when making a recommendation in a home study report.
  2. A child-placing agency shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from any prospective adoptive parent and any adult living in the prospective adoptive parent’s household. Upon a request of a child-placing agency, a law enforcement agency shall take fingerprints of any prospective adoptive parent and any adult living in the prospective adoptive parent’s household for purposes of this section. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the cost of fingerprinting.
  3. The child-placing agency shall assure that information obtained under subsection 2 is provided to the department of health and human services and shall arrange payment to the bureau of criminal investigation sufficient to defray the cost of securing criminal history record information under this section.
  4. Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department of health and human services shall submit those fingerprints and that information to the bureau of criminal investigation.
  5. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of a response, provide the response of the federal bureau of investigation to the department of health and human services. The bureau of criminal investigation shall also provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department.
  6. The department of health and human services shall provide the child-placing agency with any information, received under this section from the bureau of criminal investigation, that the department of health and human services is not prevented by federal law from disclosing to the child-placing agency.
  7. The department of health and human services may adopt emergency rules under this section without the finding otherwise required under section 28-32-02.
  8. A criminal history record investigation completed under this section may be used to satisfy the criminal history record investigation requirements of sections 50-11-06.8 and 50-11.3-01.

Source:

S.L. 1999, ch. 282, § 24; 2003, ch. 417, § 4; 2007, ch. 115, § 18; 2009, ch. 424, § 5; 2021, ch. 352, § 431, effective September 1, 2022.

50-12-04. Contents of license.

The license to conduct a child-placing agency issued under the provisions of this chapter must set forth:

  1. The name and address of the licensee.
  2. The number of children who may be placed by the licensee during the term for which the license is issued.
  3. Whether the licensee is authorized to find foster or adoptive homes for children, or both.

Source:

S.L. 1915, ch. 183, § 6; 1923, ch. 162, § 6; 1925 Supp., § 5099c6; R.C. 1943, § 50-1204; S.L. 2003, ch. 417, § 5.

50-12-05. Department may prescribe form of records — Make rules — Records open for inspection. [Effective through August 31, 2022]

The department of human services may prescribe the forms for the registration and record of children placed by a child-placing agency. The department shall make such reasonable rules and regulations in connection with such placements as are necessary to carry out the purposes of this chapter. All records must be open to the inspection of the department.

Source:

S.L. 1923, ch. 162, § 7; 1925 Supp., § 5099c7; R.C. 1943, § 50-1205; S.L. 1951, ch. 289, § 3; 1957 Supp., § 50-1205.

50-12-05. Department may prescribe form of records — Make rules — Records open for inspection. [Effective September 1, 2022]

The department of health and human services may prescribe the forms for the registration and record of children placed by a child-placing agency. The department shall make such reasonable rules and regulations in connection with such placements as are necessary to carry out the purposes of this chapter. All records must be open to the inspection of the department.

Source:

S.L. 1923, ch. 162, § 7; 1925 Supp., § 5099c7; R.C. 1943, § 50-1205; S.L. 1951, ch. 289, § 3; 1957 Supp., § 50-1205; 2021, ch. 352, § 432, effective September 1, 2022.

50-12-06. Placement contract. [Effective through August 31, 2022]

Every child-placing agency upon placing a child in a foster or an adoptive home shall enter a written agreement with the persons taking the child. The agreement must provide:

  1. The placing agency has access at all reasonable times to such child and to the home in which the child is living; and
  2. For the return of the child to the placing agency whenever in the opinion of the agency, or of the department of human services, the best interests of the child require the return.

Source:

S.L. 1923, ch. 162, § 9; 1925 Supp., § 5099c9; R.C. 1943, § 50-1206; S.L. 1951, ch. 289, § 4; 1957 Supp., § 50-1206; S.L. 2003, ch. 417, § 6.

Collateral References.

“Wrongful adoption” causes of action against adoption agencies where children have or develop mental or physical problems that are misrepresented or not disclosed to adoptive parents, 74 A.L.R.5th 1.

50-12-06. Placement contract. [Effective September 1, 2022]

Every child-placing agency upon placing a child in a foster or an adoptive home shall enter a written agreement with the persons taking the child. The agreement must provide:

  1. The placing agency has access at all reasonable times to such child and to the home in which the child is living; and
  2. For the return of the child to the placing agency whenever in the opinion of the agency, or of the department of health and human services, the best interests of the child require the return.

Source:

S.L. 1923, ch. 162, § 9; 1925 Supp., § 5099c9; R.C. 1943, § 50-1206; S.L. 1951, ch. 289, § 4; 1957 Supp., § 50-1206; S.L. 2003, ch. 417, § 6; 2021, ch. 352, § 433, effective September 1, 2022.

50-12-07. Duties of licensee. [Effective through August 31, 2022]

Every licensee shall:

  1. Keep a full record and social history of each child received for placement and a similar record and history of the licensee’s family.
  2. Report to the department of human services:
    1. The name and address of each child to be placed in a foster or an adoptive home;
    2. The name and address of the proposed foster or adoptive parents; and
    3. Any other facts and information as requested by the department.
  3. Visit the proposed foster or adoptive home at frequent intervals and make all necessary inquiries and investigations as may be necessary to determine whether the child will become properly adjusted in the home.
  4. Continue to visit and supervise each placement as often as may be required by the department and report in writing to the department the conditions as ascertained by a visit.

Source:

S.L. 1897, ch. 87, § 4; R.C. 1899, § 3199d; R.C. 1905, § 4598; C.L. 1913, § 5103; S.L. 1915, ch. 183, § 9; 1923, ch. 162, § 8; 1925 Supp., § 5099c8; S.L. 1939, ch. 108, § 1; R.C. 1943, § 50-1207; S.L. 1951, ch. 289, § 5; 1957 Supp., § 50-1207; S.L. 2003, ch. 417, § 7.

50-12-07. Duties of licensee. [Effective September 1, 2022]

Every licensee shall:

  1. Keep a full record and social history of each child received for placement and a similar record and history of the licensee’s family.
  2. Report to the department of health and human services:
    1. The name and address of each child to be placed in a foster or an adoptive home;
    2. The name and address of the proposed foster or adoptive parents; and
    3. Any other facts and information as requested by the department.
  3. Visit the proposed foster or adoptive home at frequent intervals and make all necessary inquiries and investigations as may be necessary to determine whether the child will become properly adjusted in the home.
  4. Continue to visit and supervise each placement as often as may be required by the department and report in writing to the department the conditions as ascertained by a visit.

Source:

S.L. 1897, ch. 87, § 4; R.C. 1899, § 3199d; R.C. 1905, § 4598; C.L. 1913, § 5103; S.L. 1915, ch. 183, § 9; 1923, ch. 162, § 8; 1925 Supp., § 5099c8; S.L. 1939, ch. 108, § 1; R.C. 1943, § 50-1207; S.L. 1951, ch. 289, § 5; 1957 Supp., § 50-1207; S.L. 2003, ch. 417, § 7; 2021, ch. 352, § 434, effective September 1, 2022.

50-12-07.1. Objection to placement for religious or moral convictions or policies — Effect.

A child-placing agency is not required to perform, assist, counsel, recommend, facilitate, refer, or participate in a placement that violates the agency’s written religious or moral convictions or policies. A state or local government entity may not deny a child-placing agency any grant, contract, or participation in a government program because of the child-placing agency’s objection to performing, assisting, counseling, recommending, facilitating, referring, or participating in a placement that violates the child-placing agency’s written religious or moral convictions or policies. Refusal by a child-placing agency to perform, assist, counsel, recommend, facilitate, refer, or participate in a placement that violates the child-placing agency’s written religious or moral convictions or policies does not constitute a determination that the proposed adoption is not in the best interest of the minor.

Source:

S.L. 2003, ch. 418, § 2.

50-12-08. Child must be placed in suitable home — Human service zone may remove child. [Effective through August 31, 2022]

A child may not be placed in any foster or adoptive home until adequate investigation has been made as to the suitability of the proposed foster or adoptive parents and their home surroundings. When the human service zone is satisfied that a child has been placed in an unsuitable home, the human service zone shall order the child-placing agency, in writing, to remove the child and place the child in a home that meets the approval of the human service zone. If within a reasonable period of time it appears that suitable arrangements have not been made for the care of the child, the human service zone shall make immediate arrangements for the care and support of the child. If the child has no legal settlement within the state, or in case of a dispute as to the determination of the child’s legal settlement or responsibility for the child’s support, the child must be brought before the juvenile court as a dependent child in the county in which the child is found, as provided by law.

Source:

S.L. 1915, ch. 183, § 9; 1923, ch. 162, § 8; 1925 Supp., § 5099c8; S.L. 1939, ch. 108, § 1; R.C. 1943, § 50-1208; S.L. 1951, ch. 289, § 6; 1957 Supp., § 50-1208; S.L. 2003, ch. 417, § 8; 2021, ch. 353, § 15, effective August 1, 2021; 2021, ch. 352, § 435, effective September 1, 2022.

Note.

Section 50-12-08 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 15 of Chapter 353, Session Laws 2021, Senate Bill 2086; and Section 435 of Chapter 352, Session Laws 2021, House Bill 1247.

50-12-08. Child must be placed in suitable home — Department may remove child. [Effective September 1, 2022]

A child may not be placed in any foster or adoptive home until adequate investigation has been made as to the suitability of the proposed foster or adoptive parents and their home surroundings. When the department of health and human services is satisfied that a child has been placed in an unsuitable home, the department shall order the child-placing agency, in writing, to remove the child and place the child in a home that meets the approval of the department. If within a reasonable period of time it appears that suitable arrangements have not been made for the care of the child, the department shall refer the child to the county social service board of the county in which the child has legal settlement. The county social service board shall make immediate arrangements, subject to the approval of the department, for the care and support of the child. If the child has no legal settlement within the state, or in case of a dispute as to the determination of the child’s legal settlement or responsibility for the child’s support, the child must be brought before the juvenile court as a dependent child in the county in which the child is found, as provided by law.

Source:

S.L. 1915, ch. 183, § 9; 1923, ch. 162, § 8; 1925 Supp., § 5099c8; S.L. 1939, ch. 108, § 1; R.C. 1943, § 50-1208; S.L. 1951, ch. 289, § 6; 1957 Supp., § 50-1208; S.L. 2003, ch. 417, § 8; 2021, ch. 353, § 15, effective August 1, 2021; 2021, ch. 352, § 435, effective September 1, 2022.

50-12-09. Compensation for child placing.

A child-placing agency in making an adoptive placement may be reimbursed by the adoptive couple for the cost of making the adoptive study of the home and the supervision and evaluation of any placement which may be made prior to the legal adoption. No couple may be deprived of receiving a child for adoption on the basis of inability to pay any portion of such expense.

Source:

S.L. 1897, ch. 87, § 3; R.C. 1899, § 3199c; R.C. 1905, § 4597; C.L. 1913, § 5102; R.C. 1943, § 50-1209; S.L. 1961, ch. 305, § 1; 1969, ch. 420, § 1.

50-12-10. Revocation of license — Grounds. [Effective through August 31, 2022]

The department of human services may revoke the license of any child-placing agency upon a proper showing of any of the following:

  1. The licensee has violated any requirements under this chapter.
  2. The license was issued upon fraudulent or untrue representations.
  3. The licensee has violated any of the rules and regulations of the department.
  4. The licensee has been guilty of an offense determined by the department to have a direct bearing upon a person’s ability to serve the public as a licensee, or the department determines, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1915, ch. 183, § 7; 1923, ch. 162, § 3; 1925 Supp., § 5099c3; R.C. 1943, § 50-1210; S.L. 1951, ch. 289, § 7; 1957 Supp., § 50-1210; S.L. 1977, ch. 130, § 67; 2003, ch. 417, § 9.

Cross-References.

Definition of offense, see § 12.1-01-04.

50-12-10. Revocation of license — Grounds. [Effective September 1, 2022]

The department of health and human services may revoke the license of any child-placing agency upon a proper showing of any of the following:

  1. The licensee has violated any requirements under this chapter.
  2. The license was issued upon fraudulent or untrue representations.
  3. The licensee has violated any of the rules and regulations of the department.
  4. The licensee has been guilty of an offense determined by the department to have a direct bearing upon a person’s ability to serve the public as a licensee, or the department determines, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1915, ch. 183, § 7; 1923, ch. 162, § 3; 1925 Supp., § 5099c3; R.C. 1943, § 50-1210; S.L. 1951, ch. 289, § 7; 1957 Supp., § 50-1210; S.L. 1977, ch. 130, § 67; 2003, ch. 417, § 9; 2021, ch. 352, § 436, effective September 1, 2022.

50-12-11. Revocation of license — False reports. [Effective through August 31, 2022]

If any child-placing agency licensed under the provisions of this chapter makes any false or misleading report to the department of human services, the license must be suspended immediately. Upon hearing before the department, if such false or misleading reports are found to have been made, the license forthwith must be revoked.

Source:

S.L. 1915, ch. 183, § 9; 1923, ch. 162, § 8; 1925 Supp., § 5099c8; S.L. 1939, ch. 108, § 1; R.C. 1943, § 50-1211; S.L. 1951, ch. 289, § 8; 1957 Supp., § 50-1211.

50-12-11. Revocation of license — False reports. [Effective September 1, 2022]

If any child-placing agency licensed under the provisions of this chapter makes any false or misleading report to the department of health and human services, the license must be suspended immediately. Upon hearing before the department, if such false or misleading reports are found to have been made, the license forthwith must be revoked.

Source:

S.L. 1915, ch. 183, § 9; 1923, ch. 162, § 8; 1925 Supp., § 5099c8; S.L. 1939, ch. 108, § 1; R.C. 1943, § 50-1211; S.L. 1951, ch. 289, § 8; 1957 Supp., § 50-1211; 2021, ch. 352, § 437, effective September 1, 2022.

50-12-12. Denial or revocation of license — Hearing.

Before any application for a license under this chapter may be denied or before the revocation of any license may take place, written charges as to the reasons therefor must be served upon the applicant or licensee. The applicant or licensee has the right to an administrative hearing as provided under chapter 28-32 if written request for the hearing is made to the department within thirty days after service of the written charges.

Source:

S.L. 1923, ch. 162, § 4; 1925 Supp., § 5099c4; R.C. 1943, § 50-1212; S.L. 1951, ch. 289, § 9; 1957 Supp., § 50-1212; S.L. 2003, ch. 417, § 10.

50-12-13. Appeal from denial or revocation of license. [Repealed]

Repealed by S.L. 2003, ch. 417, § 13.

50-12-14. Foreign associations placing children in state — Consent of department required. [Repealed]

Repealed by S.L. 1975, ch. 445, § 3.

50-12-14.1. Conditions for placement of children in state — Consent of department required. [Effective through August 31, 2022]

Any person undertaking to bring or to send a child into this state for placement in foster care, as a preliminary to a possible adoption, or for guardianship shall furnish the department of human services with written notice of the intention to send, bring, or place the child in the state and shall obtain prior written consent from the department for each child to be so placed. The notice must contain:

  1. The name, date, and place of birth of the child;
  2. The identity and address or addresses of the parent or legal guardian;
  3. The name and address of the person, agency, or institution to or with which the child is proposed to be placed;
  4. A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made; and
  5. Any supporting or additional information as the department determines necessary under the circumstances.

This section does not apply to the sending or bringing of a child into this state by the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child’s guardian and leaving the child with any such relative or nonagency guardian in this state.

Source:

S.L. 1975, ch. 445, § 2; 1993, ch. 54, § 106; 2003, ch. 417, § 11.

50-12-14.1. Conditions for placement of children in state — Consent of department required. [Effective September 1, 2022]

Any person undertaking to bring or to send a child into this state for placement in foster care, as a preliminary to a possible adoption, or for guardianship shall furnish the department of health and human services with written notice of the intention to send, bring, or place the child in the state and shall obtain prior written consent from the department for each child to be so placed. The notice must contain:

  1. The name, date, and place of birth of the child;
  2. The identity and address or addresses of the parent or legal guardian;
  3. The name and address of the person, agency, or institution to or with which the child is proposed to be placed;
  4. A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made; and
  5. Any supporting or additional information as the department determines necessary under the circumstances.

This section does not apply to the sending or bringing of a child into this state by the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child’s guardian and leaving the child with any such relative or nonagency guardian in this state.

Source:

S.L. 1975, ch. 445, § 2; 1993, ch. 54, § 106; 2003, ch. 417, § 11; 2021, ch. 352, § 438, effective September 1, 2022.

50-12-15. Resident may bring child into state for permanent care — Report. [Repealed]

Repealed by S.L. 1975, ch. 445, § 3.

50-12-16. Taking children from state for placement in family homes — Consent of department — Report. [Effective through August 31, 2022]

No person, partnership, voluntary association, corporation, or limited liability company may take or send any child out of the state for placement in a family home in another state without first securing the consent of the department of human services so to do and without first reporting to the department:

  1. The name and address of the child to be taken or sent;
  2. The name and address of the family which is to receive the child; and
  3. Such other information concerning the family and the child as the department may require.

This section does not apply to a parent who personally removes the parent’s child from the state.

Source:

S.L. 1923, ch. 159, § 2; 1925 Supp., § 5106a2; R.C. 1943, § 50-1216; S.L. 1951, ch. 289, § 13; 1957 Supp., § 50-1216; S.L. 1993, ch. 54, § 106.

Cross-References.

Restrictions not applicable to placements under interstate compact, see § 14-13-06.

50-12-16. Taking children from state for placement in family homes — Consent of department — Report. [Effective September 1, 2022]

No person, partnership, voluntary association, corporation, or limited liability company may take or send any child out of the state for placement in a family home in another state without first securing the consent of the department of health and human services so to do and without first reporting to the department:

  1. The name and address of the child to be taken or sent;
  2. The name and address of the family which is to receive the child; and
  3. Such other information concerning the family and the child as the department may require.

This section does not apply to a parent who personally removes the parent’s child from the state.

Source:

S.L. 1923, ch. 159, § 2; 1925 Supp., § 5106a2; R.C. 1943, § 50-1216; S.L. 1951, ch. 289, § 13; 1957 Supp., § 50-1216; S.L. 1993, ch. 54, § 106; 2021, ch. 352, § 439, effective September 1, 2022.

50-12-17. Licensure requirement — Registration requirement — Penalty. [Effective through August 31, 2022]

A person may not place or cause to be placed any child in a family home for adoption without a license to do so from the department of human services except that a parent, upon giving written notice to the department, may place the parent’s child in the home of the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or guardian for adoption by the person receiving the child. The child must be considered abandoned if proceedings for the adoption or guardianship of the child are not initiated by such relative within one year following the date of notice of placement. A person who willfully violates this chapter is guilty of a class C felony. For purposes of this section, “to place or cause to be placed” means to place a child for adoption; arrange or provide for short-term foster care for a child pending an adoptive placement; facilitate placement of a child by maintaining a list in any form of birth parents or prospective adoptive parents; or advertise in any public medium that the person knows of a child who is available for adoption or is willing to accept a child for adoption or that the person knows of prospective adoptive parents of a child.

Source:

S.L. 1911, ch. 81, §§ 1, 2; C.L. 1913, §§ 9607, 9608; S.L. 1915, ch. 183, § 14; 1923, ch. 159, § 3; 1923, ch. 162, § 10; 1923, ch. 163, §§ 1, 2; 1925 Supp., §§ 5099c10, 5106a3, 9607, 9608; R.C. 1943, § 50-1217; S.L. 1951, ch. 289, § 14; 1957 Supp., § 50-1217; S.L. 1975, ch. 445, § 1; 1981, ch. 173, § 2; 2003, ch. 417, § 12.

Note.

For provisions of federal law relating to Indian child custody proceedings, see 25 USCS § 1901 et seq.

Cross-References.

Assignment of children, see § 14-10-05.

50-12-17. Licensure requirement — Registration requirement — Penalty. [Effective September 1, 2022]

A person may not place or cause to be placed any child in a family home for adoption without a license to do so from the department of health and human services except that a parent, upon giving written notice to the department, may place the parent’s child in the home of the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or guardian for adoption by the person receiving the child. The child must be considered abandoned if proceedings for the adoption or guardianship of the child are not initiated by such relative within one year following the date of notice of placement. A person who willfully violates this chapter is guilty of a class C felony. For purposes of this section, “to place or cause to be placed” means to place a child for adoption; arrange or provide for short-term foster care for a child pending an adoptive placement; facilitate placement of a child by maintaining a list in any form of birth parents or prospective adoptive parents; or advertise in any public medium that the person knows of a child who is available for adoption or is willing to accept a child for adoption or that the person knows of prospective adoptive parents of a child.

Source:

S.L. 1911, ch. 81, §§ 1, 2; C.L. 1913, §§ 9607, 9608; S.L. 1915, ch. 183, § 14; 1923, ch. 159, § 3; 1923, ch. 162, § 10; 1923, ch. 163, §§ 1, 2; 1925 Supp., §§ 5099c10, 5106a3, 9607, 9608; R.C. 1943, § 50-1217; S.L. 1951, ch. 289, § 14; 1957 Supp., § 50-1217; S.L. 1975, ch. 445, § 1; 1981, ch. 173, § 2; 2003, ch. 417, § 12; 2021, ch. 352, § 440, effective September 1, 2022.

CHAPTER 50-13 Maternity Hospital [Repealed]

[Repealed by S.L. 1947, ch. 200, § 24, and S.L. 1947, ch. 316, § 16]

CHAPTER 50-14 Abandoned Children [Repealed]

[Repealed by S.L. 1969, ch. 289, § 4]

CHAPTER 50-15 Solicitors for Benevolent Associations [Repealed]

[Repealed by S.L. 1961, ch. 307, § 2]

CHAPTER 50-16 Community Youth Council

50-16-01. Community youth council authorized.

A community youth council may be established in any city or township in this state. Such a council may be initiated by:

  1. The mayor of any city or by the president of the board of city commissioners;
  2. The chairman of the board of supervisors of any township; or
  3. The superintendent or principal of the schools of any municipality or community.

Source:

S.L. 1941, ch. 307, § 1; R.C. 1943, § 50-1601; S.L. 1967, ch. 323, § 233.

50-16-02. Additional members — How appointed.

Any officer initiating the community youth council shall appoint as additional members thereof representatives of the local government, the churches, the American legion, and of all service or women’s clubs, or welfare organizations in the community. All members of the council shall serve without compensation.

Source:

S.L. 1941, ch. 307, § 1; R.C. 1943, § 50-1602.

50-16-03. Duties of community youth council.

The community youth council shall perform the following duties:

  1. Make a survey of the youth of the community.
  2. Coordinate the leisure activities provided for them by the various organizations of the community.
  3. Provide the place, method, and means for useful, supervised activities for those out of school, out of work, and without an opportunity for proper development.
  4. Provide for the class mentioned in subsection 3 a healthful outlet for its energies and love of adventure.

Source:

S.L. 1941, ch. 307, § 2; R.C. 1943, § 50-1603.

50-16-04. Bringing council into existence — Organization.

The initiating officer shall call the council into being on the petition of any organization, or of five residents of the community, or on the initiating officer’s own motion. The council shall organize by the selection of a chairman and a secretary and by the adoption of such rules and regulations for future meetings and activities as it may deem desirable for the purpose of carrying out the objects of this chapter. Three members are sufficient to organize the council and constitute a quorum.

Source:

S.L. 1941, ch. 307, § 3; R.C. 1943, § 50-1604.

CHAPTER 50-17 Public Works — Contracts with Federal Government

50-17-01. Governor authorized to enter into agreements with president of United States for unemployment relief purposes.

The governor, in the name and on behalf of the state of North Dakota, may enter into such contracts or agreements with the president of the United States as the president may deem necessary or advisable in carrying out the provisions of the act of the Congress of the United States entitled “An Act for the relief of unemployment through the performance of useful public work, and for other purposes”, approved March 31, 1933, and any other act of Congress amendatory thereof or supplementary thereto.

Source:

S.L. 1935, ch. 227, § 1, subs. 1; R.C. 1943, § 50-1701.

50-17-02. State accepts provisions of agreement — Conditions.

The contracts or agreements made by the governor under the provisions of section 50-17-01 may include the conditions and provisions set forth in the following sections and such other conditions or provisions as the governor may deem necessary or advisable to enable this state to secure the benefits to which it may be entitled under any act of the Congress of the United States providing for the relief of unemployment. The state of North Dakota accepts, assents to, and promises to perform such contracts or agreements.

Source:

S.L. 1935, ch. 227, § 1, subss. 2, 3; R.C. 1943, § 50-1702.

50-17-03. State derives profit — Proceeds divided with federal government.

If, as a result of any conservation work projects on state, county, or municipally owned land, the state derives a direct profit from the sale of any such land or the products thereof, the proceeds must be divided equally between this state and the federal government until the federal government has been repaid the amount of its investment in such work, computed at the rate of one dollar per man per day, with a maximum limitation of three dollars per acre [.40 hectare] of land purchased.

Source:

S.L. 1935, ch. 227, § 1, subs. 2, subd. a; R.C. 1943, § 50-1703.

50-17-04. When work may be done on privately owned land.

No work is to be done on privately owned land under the provisions of this chapter except as may be necessary in the public interest for regional or statewide forest protection against fire, insects, and disease or simple flood control measures to arrest gully erosion and flash runoffs at the headwaters of streams.

Source:

S.L. 1935, ch. 227, § 1, subs. 2, subd. b; R.C. 1943, § 50-1704.

50-17-05. Work done on private land — Contract with landowner.

When, under the provisions of this chapter, the public interest requires work to be done on privately owned land as provided in section 50-17-04, the state shall assume responsibility for the reasonable protection of work done by the landowner or otherwise and shall agree that if a contract with the landowner is obtained, such contract shall provide that this state reserves the right to remove, at its option and without recompense to the landowner, any structure or other thing of removable value resulting from the work done, including products of trees planted to arrest erosion.

Source:

S.L. 1935, ch. 227, § 1, subs. 2, subd. c; R.C. 1943, § 50-1705.

50-17-06. Work done on private land — Duty of landowner.

A landowner, under a contract provided for in section 50-17-05, may be required to protect soil-saving dams and other works and to practice specified cultural methods for the prevention of soil erosion. If the landowner fails to meet these requirements, the conservation commission may cause to be constructed such terraces and other works as will repair the damage done through the landowner’s noncompliance with the contract. The cost of such construction must be collected, paid, and accounted for as a special state charge against the land specified as the basis of the original contract and must be paid into the conservation fund and used as a revolving appropriation to carry out the provisions of this section.

Source:

S.L. 1935, ch. 227, § 1, subs. 2, subd. d; R.C. 1943, § 50-1706.

50-17-07. Contract with private landowner — Notice to mortgagee and lienholder.

Whenever any contract is entered into by this state or the United States or any agency thereof, with a private landowner, as is provided for in section 50-17-05, the following must be deemed constructive notice of such agreement to any mortgagee of or lienholder upon the lands conveyed thereby:

  1. Recording of such contract in the office of the recorder of the county in which the land involved is situated;
  2. Posting of a copy of the contract in the office of the county auditor of the county in which the land involved is situated; and
  3. Mailing a copy of such contract by registered or certified mail to any mortgagee or lienholder of record at that person’s address as shown by the record, or, if not so shown, to that person’s last-known post-office address. Such copy must be mailed by the recorder of the county where the land is situated within five days after the recording of the instrument.

Source:

S.L. 1935, ch. 227, § 1, subs. 4; R.C. 1943, § 50-1707; S.L. 2001, ch. 120, § 1.

50-17-08. Notice — Mailing — Notation by recorder prima facie evidence.

At the time of the mailing of the notices of a contract executed under the provisions of section 50-17-07, the recorder shall make a marginal notation giving the name and address of each addressee to whom the same was sent and the date of mailing. Such notation must be prima facie evidence in all courts that the copies were sent by registered or certified mail in accordance with such notation.

Source:

S.L. 1935, ch. 227, § 1, subs. 4; R.C. 1943, § 50-1708; S.L. 2001, ch. 120, § 1.

50-17-09. Contract for work on private land — Mortgagee must object.

If a mortgagee or lienholder of lands which are covered by a contract executed under the provisions of section 50-17-07 fails to object to such contract by serving a written notice of such objection upon the conservation commission within four weeks after the recorder has mailed the copy of the contract to the mortgagee or lienholder, the mortgagee or lienholder must be deemed conclusively to have assented to such agreement.

Source:

S.L. 1935, ch. 227, § 1, subs. 4; R.C. 1943, § 50-1709; S.L. 2001, ch. 120, § 1.

CHAPTER 50-18 Boarding Homes for Aged and Infirm [Repealed]

[Repealed by S.L. 1989, ch. 317, § 14]

Note.

For present provisions, see chapter 23-09.3.

CHAPTER 50-19 Maternity Homes

50-19-01. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “Department” means the department of human services.
  2. “Maternity home” means any home or other premises, operating especially to provide social services, maternity care, and child care to pregnant or recently delivered mothers and their infants, which receives more than one woman for any length of time for shelter or care during pregnancy or within one hundred twenty days after delivery. It does not include any home or other premises owned or operated by state or federal governments.

Source:

S.L. 1947, ch. 316, § 1; R.C. 1943, 1957 Supp., § 50-1901; S.L. 1983, ch. 82, § 98; 1985, ch. 521, § 4; 1987, ch. 570, § 19; 2007, ch. 420, § 1.

Effective Date.

The 2007 amendment of this section by section 1 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-01. Definitions. [Effective September 1, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “Department” means the department of health and human services.
  2. “Maternity home” means any home or other premises, operating especially to provide social services, maternity care, and child care to pregnant or recently delivered mothers and their infants, which receives more than one woman for any length of time for shelter or care during pregnancy or within one hundred twenty days after delivery. It does not include any home or other premises owned or operated by state or federal governments.

Source:

S.L. 1947, ch. 316, § 1; R.C. 1943, 1957 Supp., § 50-1901; S.L. 1983, ch. 82, § 98; 1985, ch. 521, § 4; 1987, ch. 570, § 19; 2007, ch. 420, § 1; 2021, ch. 352, § 441, effective September 1, 2022.

50-19-02. License required.

Any person, partnership, voluntary association, corporation, or limited liability company which operates a maternity home shall secure from the department a license at least once every two years as required in this chapter.

Source:

S.L. 1947, ch. 316, § 2; R.C. 1943, 1957 Supp., § 50-1902; S.L. 1987, ch. 570, § 20; 1993, ch. 54, § 106; 2007, ch. 420, § 2.

Effective Date.

The 2007 amendment of this section by section 2 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-03. Requirements for license.

A license for the operation of a maternity home must be issued by the department to a reputable and responsible person, partnership, voluntary association, corporation, or limited liability company, upon showing that:

  1. The premises to be used are in fit sanitary condition and properly equipped to provide good care and treatment;
  2. The persons in active charge of the home and their assistants are qualified by training and experience to carry on efficiently the duties required of them;
  3. The home is to be conducted for the public good and in accordance with sound social policy; and
  4. The health and well-being of the infants and of the parties who receive services will be properly safeguarded.

Source:

S.L. 1947, ch. 316, § 3; R.C. 1943, 1957 Supp., § 50-1903; S.L. 1987, ch. 570, § 21; 1993, ch. 54, § 106; 2007, ch. 420, § 3.

Effective Date.

The 2007 amendment of this section by section 3 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-03.1. Conviction not bar to licensure — Exceptions.

Conviction of an offense does not disqualify a person from licensure under this chapter unless the department determines that the offense has a direct bearing upon a person’s ability to serve the public as the owner or operator of a maternity home, or that, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1977, ch. 130, § 68; 1987, ch. 570, § 22; 2007, ch. 420, § 4.

Effective Date.

The 2007 amendment of this section by section 4 of chapter 420, S.L. 2007 became effective August 1, 2007.

Cross-References.

Definition of offense, see § 12.1-01-04.

50-19-04. Inspection and report by state department of health and state fire marshal. [Effective through August 31, 2022]

The department shall give notice to the state department of health and state fire marshal of each application for a license to operate a maternity home. Upon receipt of the notice, the state department of health and the state fire marshal shall inspect the facilities and premises of the applicant to determine compliance with health and fire safety standards and shall report their findings to the department.

Source:

S.L. 1947, ch. 316, § 4; R.C. 1943, 1957 Supp., § 50-1904; S.L. 1987, ch. 570, § 23; 1995, ch. 243, § 2; 2007, ch. 420, § 5.

Effective Date.

The 2007 amendment of this section by section 5 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-04. Inspection and report by the department and state fire marshal. [Effective September 1, 2022]

The department shall give notice to the state fire marshal of each application for a license to operate a maternity home. The department and the state fire marshal shall inspect the facilities and premises of the applicant to determine compliance with health and fire safety standards, and the state fire marshal shall report the marshal’s findings to the department.

Source:

S.L. 1947, ch. 316, § 4; R.C. 1943, 1957 Supp., § 50-1904; S.L. 1987, ch. 570, § 23; 1995, ch. 243, § 2; 2007, ch. 420, § 5; 2021, ch. 352, § 442, effective September 1, 2022.

50-19-05. Contents of license.

The license to operate a maternity home issued under the provisions of this chapter must set forth:

  1. The name of the licensee.
  2. The premises to which the license is applicable.
  3. The number of patients who may be received in such premises at any one time.
  4. The date of expiration of the license.

Source:

S.L. 1947, ch. 316, § 5; R.C. 1943, 1957 Supp., § 50-1905; 2007, ch. 420, § 6.

Effective Date.

The 2007 amendment of this section by section 6 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-06. Regulation by department.

The department may prescribe forms for the registration and record of any individual who receives services in maternity homes and may adopt reasonable rules for the conduct of such homes as are necessary to carry out the purposes of this chapter. The department shall require reports from the licensee which must include a statement of plans made for the mother and her child.

Source:

S.L. 1947, ch. 316, § 6; R.C. 1943, 1957 Supp., § 50-1906; S.L. 1987, ch. 570, § 24; 2007, ch. 420, § 7.

Effective Date.

The 2007 amendment of this section by section 7 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-07. Inspection of maternity home and the records thereof.

The department and its authorized agents may inspect any maternity home licensed under this chapter at any time. The department and its agents shall have free access to every part of such home and to the records thereof, and they may see and interview any individual who receives services from the maternity home.

Source:

S.L. 1947, ch. 316, § 7; R.C. 1943, 1957 Supp., § 50-1907; S.L. 1987, ch. 570, § 25; 2007, ch. 420, § 8.

Effective Date.

The 2007 amendment of this section by section 8 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-08. Every birth attended by qualified physician. [Repealed]

Repealed by S.L. 2007, ch. 420, § 14.

50-19-09. Reporting births. [Repealed]

Repealed by S.L. 2007, ch. 420, § 14.

50-19-10. Records of maternity home confidential. [Effective through August 31, 2022]

Except as otherwise authorized by law, no agent of the state department of health, the state fire marshal, or the department, or the licensee, under this chapter, may disclose the contents of the records of a maternity home nor of the reports received from them, except:

  1. In a judicial or administrative proceeding in response to an order of a court or administrative tribunal; or
  2. For a law enforcement purpose to a law enforcement official or a health oversight agency for oversight activities authorized by law.

Source:

S.L. 1947, ch. 316, § 10; R.C. 1943, 1957 Supp., § 50-1910; S.L. 1987, ch. 570, § 27; 1995, ch. 243, § 2; 2003, ch. 211, § 26; 2007, ch. 420, § 9.

Effective Date.

The 2007 amendment of this section by section 9 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-10. Records of maternity home confidential. [Effective September 1, 2022]

Except as otherwise authorized by law, no agent of the state fire marshal, or the department, or the licensee, under this chapter, may disclose the contents of the records of a maternity home nor of the reports received from them, except:

  1. In a judicial or administrative proceeding in response to an order of a court or administrative tribunal; or
  2. For a law enforcement purpose to a law enforcement official or a health oversight agency for oversight activities authorized by law.

Source:

S.L. 1947, ch. 316, § 10; R.C. 1943, 1957 Supp., § 50-1910; S.L. 1987, ch. 570, § 27; 1995, ch. 243, § 2; 2003, ch. 211, § 26; 2007, ch. 420, § 9; 2021, ch. 352, § 443, effective September 1, 2022.

50-19-11. Offer or advertise to place a child for adoption prohibited.

No maternity home licensed under this chapter may in any way offer to place a child, or advertise that it will give children for adoption, or hold itself out, directly or indirectly, as being able to place children for adoption, but may inform a mother of licensed child-placing agencies.

Source:

S.L. 1947, ch. 316, § 11; R.C. 1943, 1957 Supp., § 50-1911; 2007, ch. 420, § 10.

Effective Date.

The 2007 amendment of this section by section 10 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-12. Revocation of license.

The department may revoke a license of any maternity home upon a proper showing of any of the following:

  1. Any of the conditions set forth in section 50-19-03 as requirements for the issuance of the license no longer exists.
  2. The license was issued upon fraudulent or untrue representations.
  3. The owner or operator has violated any of the rules of the department.
  4. The owner or operator of the maternity home has been guilty of an offense determined by the department to have a direct bearing upon a person’s ability to serve the public as an owner or operator, or the department determines, following the owner’s or operator’s conviction of any other offense, that the owner or operator is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 1947, ch. 316, § 12; R.C. 1943, 1957 Supp., § 50-1912; S.L. 1977, ch. 130, § 69; 1987, ch. 570, § 28; 2007, ch. 420, § 11.

Effective Date.

The 2007 amendment of this section by section 11 of chapter 420, S.L. 2007 became effective August 1, 2007.

Cross-References.

Definition of offense, see § 12.1-01-04.

50-19-13. Hearing on denial or revocation of license.

Before any application for a license to conduct a maternity home is denied or before the revocation of any such license by the department, written charges as to the reasons therefor must be served upon the applicant or licensee, who has the right to a hearing before the department, if a hearing is requested within ten days after service of the written charges.

Source:

S.L. 1947, ch. 316, § 13; R.C. 1943, 1957 Supp., § 50-1913; S.L. 1987, ch. 570, § 29; 2007, ch. 420, § 12.

Effective Date.

The 2007 amendment of this section by section 12 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-14. Cooperation of interested persons and agencies. [Effective through August 31, 2022]

The licensee of a maternity home, the state department of health and its agents, the state fire marshal and the state fire marshal’s designees, and the department and its agents shall cooperate in all measures and services for improving and safeguarding the health and social well-being of mothers and their infants who receive services in a maternity home.

Source:

S.L. 1947, ch. 316, § 14; R.C. 1943, 1957 Supp., § 50-1914; S.L. 1987, ch. 570, § 30; 1995, ch. 243, § 2; 2007, ch. 420, § 13.

Effective Date.

The 2007 amendment of this section by section 13 of chapter 420, S.L. 2007 became effective August 1, 2007.

50-19-14. Cooperation of interested persons and agencies. [Effective September 1, 2022]

The licensee of a maternity home, the state fire marshal and the state fire marshal’s designees, and the department and its agents shall cooperate in all measures and services for improving and safeguarding the health and social well-being of mothers and their infants who receive services in a maternity home.

Source:

S.L. 1947, ch. 316, § 14; R.C. 1943, 1957 Supp., § 50-1914; S.L. 1987, ch. 570, § 30; 1995, ch. 243, § 2; 2007, ch. 420, § 13; 2021, ch. 352, § 444, effective September 1, 2022.

50-19-15. Penalty.

Every person who violates any of the provisions of this chapter is guilty of a class B misdemeanor.

Source:

S.L. 1947, ch. 316, § 15; R.C. 1943, 1957 Supp., § 50-1915; S.L. 1975, ch. 106, § 541.

CHAPTER 50-20 Report of Births [Repealed]

[Repealed by S.L. 1999, ch. 422, § 2]

CHAPTER 50-21 Nursing Homes and Basic Care Facilities

50-21-01. Revolving loan fund — Appropriation.

The revolving loan fund must be maintained for the purpose of making loans to nonprofit corporations for the construction or reconstruction of nursing homes, basic care facilities, or combination nursing homes and basic care facilities. All funds transferred into the fund, interest upon moneys in the fund, and collections of interest and principal on loans made from the fund are hereby appropriated for the purpose of providing loans in accordance with the provisions of this chapter.

Source:

S.L. 1959, ch. 345, § 1; 1989, ch. 317, § 9; 1999, ch. 429, § 7.

Cross-References.

Basic care facilities, see chapter 23-09.3.

Foster family care homes for adults, see ch. 50-11.

Collateral References.

Licensing and regulation of nursing or rest homes, 53 A.L.R.4th 689.

50-21-02. Administration of revolving fund. [Effective through August 31, 2022]

The revolving fund and loans made therefrom must be supervised and administered by the Bank of North Dakota. All applications for loans under the provisions of this chapter for the construction of nursing homes or combination nursing homes and basic care facilities must be made to the state department of health, which department is authorized, subject to the approval of the North Dakota health council, to promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter. All applications for the construction of basic care facilities must be made to the state department of health, which department shall promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter. Applications approved by the state department of health and the North Dakota health council must be forwarded to the Bank of North Dakota. Upon approval of such application by the president of the Bank of North Dakota, loans must be granted by the Bank of North Dakota from the revolving fund in accordance with the provisions of this chapter.

Source:

S.L. 1975, ch. 454, § 2; 1989, ch. 317, § 10; 1995, ch. 243, § 2; 1999, ch. 429, § 7.

50-21-02. Administration of revolving fund. [Effective September 1, 2022]

The revolving fund and loans made therefrom must be supervised and administered by the Bank of North Dakota. All applications for loans under the provisions of this chapter for the construction of nursing homes or combination nursing homes and basic care facilities must be made to the department of health and human services, which department is authorized, subject to the approval of the North Dakota health council, to promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter. All applications for the construction of basic care facilities must be made to the department of health and human services, which department shall promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter. Applications approved by the department of health and human services and the North Dakota health council must be forwarded to the Bank of North Dakota. Upon approval of such application by the president of the Bank of North Dakota, loans must be granted by the Bank of North Dakota from the revolving fund in accordance with the provisions of this chapter.

Source:

S.L. 1975, ch. 454, § 2; 1989, ch. 317, § 10; 1995, ch. 243, § 2; 1999, ch. 429, § 7; 2021, ch. 352, § 445, effective September 1, 2022.

50-21-02.1. Revolving fund deposited in state treasury — Expenditures.

The revolving fund must be maintained in the state treasury. All expenditures therefrom must be paid by warrant-check prepared by the office of management and budget upon vouchers submitted by the president of the Bank of North Dakota as approved by the office of the budget.

Source:

S.L. 1965, ch. 181, § 21; 1999, ch. 429, § 7.

50-21-03. Amount of loan — Terms and conditions. [Effective through August 31, 2022]

Loans in an amount not exceeding one-half of the cost of construction or reconstruction including the cost or value of real estate upon which the facility is located and in no event exceeding one hundred fifty thousand dollars to any one applicant shall be made by the Bank of North Dakota to nonprofit corporations to be used in the construction or reconstruction in this state of nursing homes, basic care facilities, or combination nursing homes and basic care facilities. Such loans must bear interest at the rate of seven percent per annum and must be repayable in the manner prescribed by the president of the Bank of North Dakota within a period of not more than twenty-five years. In addition, in consideration of the granting of the loans, each nonprofit corporation shall execute a contract with the state to operate such basic care facility for a period of not less than twenty years and to operate and maintain the basic care facility in accordance with the standards prescribed for the licensing of such basic care facility by the state department of health. Such contract must also require the nonprofit corporation to maintain facilities for not less than five persons referred to such basic care facility by any county social service board. Such contract must also provide that if the use of such basic care facility is discontinued or if it is diverted to other purposes, the full amount of the loan provided under this chapter immediately becomes due and payable. Loans may be made only to an applicant who is not receiving other loans or grants of funds from this state for such construction or reconstruction. Payments of interest and principal upon such loans must be made to the Bank of North Dakota and credited to the revolving fund.

Source:

S.L. 1959, ch. 345, § 3; 1961, ch. 306, § 1; 1969, ch. 421, § 1; 1989, ch. 317, § 11; 1995, ch. 243, § 2; 1999, ch. 429, § 7.

50-21-03. Amount of loan — Terms and conditions. [Effective September 1, 2022]

Loans in an amount not exceeding one-half of the cost of construction or reconstruction including the cost or value of real estate upon which the facility is located and in no event exceeding one hundred fifty thousand dollars to any one applicant shall be made by the Bank of North Dakota to nonprofit corporations to be used in the construction or reconstruction in this state of nursing homes, basic care facilities, or combination nursing homes and basic care facilities. Such loans must bear interest at the rate of seven percent per annum and must be repayable in the manner prescribed by the president of the Bank of North Dakota within a period of not more than twenty-five years. In addition, in consideration of the granting of the loans, each nonprofit corporation shall execute a contract with the state to operate such basic care facility for a period of not less than twenty years and to operate and maintain the basic care facility in accordance with the standards prescribed for the licensing of such basic care facility by the department of health and human services. Such contract must also require the nonprofit corporation to maintain facilities for not less than five persons referred to such basic care facility by any county social service board. Such contract must also provide that if the use of such basic care facility is discontinued or if it is diverted to other purposes, the full amount of the loan provided under this chapter immediately becomes due and payable. Loans may be made only to an applicant who is not receiving other loans or grants of funds from this state for such construction or reconstruction. Payments of interest and principal upon such loans must be made to the Bank of North Dakota and credited to the revolving fund.

Source:

S.L. 1959, ch. 345, § 3; 1961, ch. 306, § 1; 1969, ch. 421, § 1; 1989, ch. 317, § 11; 1995, ch. 243, § 2; 1999, ch. 429, § 7; 2021, ch. 352, § 446, effective September 1, 2022.

50-21-04. Standards — Administration procedure. [Effective through August 31, 2022]

The state department of health, subject to the approval of the state health council, shall establish standards of construction which must be followed by all applicants receiving loans of funds for the construction of nursing homes or combination nursing homes and basic care facilities. The state department of health shall establish standards of construction which must be followed by all applicants for loans for the construction of basic care facilities. The health council, in the case of the construction of nursing homes or basic care facilities or combination nursing homes and basic care facilities, shall approve all building plans and specifications for any facilities to be constructed in whole or in part with loans of funds provided under the provisions of this chapter prior to the disbursement of any such funds. Administrative procedures established by the state department of health with the approval of the health council must, except to construction standards, be in general in accordance with the procedures established for the administration of the federal grant-in-aid program for similar purposes under the Hill-Burton Act, or federal acts supplemental thereto.

Source:

S.L. 1959, ch. 345, § 4; 1989, ch. 317, § 12; 1995, ch. 243, § 2; 1999, ch. 429, § 7.

Note.

Hill-Burton Act, see 42 USCS § 291 et seq.

50-21-04. Standards — Administration procedure. [Effective September 1, 2022]

The department of health and human services shall establish standards of construction which must be followed by all applicants receiving loans of funds for the construction of nursing homes or combination nursing homes and basic care facilities. The department of health and human services shall establish standards of construction which must be followed by all applicants for loans for the construction of basic care facilities. The health council, in the case of the construction of nursing homes or basic care facilities or combination nursing homes and basic care facilities, shall approve all building plans and specifications for any facilities to be constructed in whole or in part with loans of funds provided under the provisions of this chapter prior to the disbursement of any such funds. Administrative procedures established by the department of health and human services must, except to construction standards, be in general in accordance with the procedures established for the administration of the federal grant-in-aid program for similar purposes under the Hill-Burton Act, or federal acts supplemental thereto.

Source:

S.L. 1959, ch. 345, § 4; 1989, ch. 317, § 12; 1995, ch. 243, § 2; 1999, ch. 429, § 7; 2021, ch. 352, § 447, effective September 1, 2022.

50-21-05. Powers of Bank of North Dakota.

The Bank of North Dakota is authorized to do all acts or things necessary to negotiate said loans which specifically includes the power to take such security as prescribed herein and to bring suit against any nonprofit corporation in order to collect interest and principal due the revolving fund under contracts and notes executed to obtain loans under the provisions of this chapter. In the event the applicant’s plan for financing the construction or reconstruction of the facilities provides for a loan of funds from sources other than the state of North Dakota, then the state of North Dakota shall take a second mortgage upon the facilities constructed or reconstructed from the proceeds of the loan.

Source:

S.L. 1959, ch. 345, § 5; 1999, ch. 429, § 7.

CHAPTER 50-22 Charitable Organizations Soliciting Contributions

50-22-01. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Accounting year” means the twelve-month period on which a charitable organization keeps its financial records.
    1. “Charitable organization” means a person that engages in or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office, or similar affiliate or a person soliciting contributions within the state for a parent charitable organization.
    2. The term “charitable organization” does not include:
      1. An organization that solicits funds for an institution of higher learning.
      2. An organization that uses only volunteer unpaid fundraisers and that solicits funds for a political subdivision or other government entity or for a civic or community project in which the contributions received are used solely for the project and none of the contributions inure to the benefit of any individual.
      3. A private or public elementary or secondary school.
      4. A charitable organization or person that solicits contributions for any person specified by name at the time of the solicitation if all the contributions received are transferred within a reasonable time after receipt to the person named or that person’s parent, guardian, or conservator with no restriction on their expenditure and with no deduction.
      5. A religious society or organization that is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A)(i) and (iii) [26 U.S.C. 6033(a)(2)(A)(i) and (iii)] or Internal Revenue Code section 6033(a)(2)(C)(i) [26 U.S.C. 6033(a)(2)(C)(i)].
      6. Any candidate for national, state, or local elective office or political party or other committee required to file information with the federal election commission, a state election commission, or an equivalent office or agency.
  2. “Charitable purpose” means a charitable, benevolent, philanthropic, religious, social service, welfare, educational, cultural, artistic, or public interest purpose, either actual or purported.
  3. “Contribution” means cash or the promise, grant, or pledge of any money, credit, assistance, or property of any kind or value, including the promise to pay, provided in response to a solicitation. “Contribution” includes, in the case of a charitable organization offering goods and services to the public, the difference between the direct cost of the goods and services to the charitable organization and the price at which the charitable organization or a person acting on behalf of that organization resells those goods or services to the public. “Contribution” does not include bona fide fees, dues, or assessments paid by members of an organization, provided that:
    1. Membership is not conferred in exchange for a contribution in response to a solicitation; or
    2. Membership provides no benefit in addition to the right to vote or otherwise participate in the organization and the right to receive literature.
  4. “Person” means any individual, organization, association, partnership, corporation, or limited liability company.
  5. “Professional fundraiser” means a person who, for financial compensation or profit, performs for a charitable organization a service in connection with which contributions are, or will be, solicited in this state by the compensated person or by a compensated person the person employs, procures, or engages to solicit; or a person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization. A bona fide full-time salaried officer or employee of a charitable organization maintaining a permanent establishment within the state may not be deemed to be a professional fundraiser.
  6. “Solicitation” and “solicit” mean the request to the public or member of the public for a contribution on the representation that the contribution will be used in whole or in part for a charitable purpose, including:
    1. An oral request made in person or by telephone, radio, television, electronic communication including the internet, or other advertising or communication media;
    2. A written or other recorded or published request, that is mailed, sent, delivered, circulated, distributed, posted in a public place, or advertised or communicated through any medium available to the public and described in subdivision a;
    3. A sale of or attempt to sell any good or service in which the good or service is priced above fair market value or when it is otherwise represented that some portion of the purchase price will be used for a charitable purpose; or
    4. An announcement inviting the public to attend an assembly, event, exhibition, performance, or social gathering of any kind where admission is conditioned on the receipt of a contribution or at which function contributions will be otherwise solicited.

An attorney, investment counselor, or banker who advises any person to make a contribution to a charitable organization may not be deemed, as the result of that advice, to be a professional fundraiser.

A solicitation is deemed to have occurred regardless of whether the party solicited makes a contribution.

Source:

S.L. 1961, ch. 307, § 1; 1975, ch. 446, § 3; 1993, ch. 54, § 106; 1995, ch. 467, § 1; 1999, ch. 425, § 1; 2003, ch. 419, § 1; 2005, ch. 429, § 1.

Collateral References.

Criminal offenses under statutes and ordinances regulating charitable solicitations, 76 A.L.R.3d 924.

Validity of charitable gift or trust containing gender restrictions on beneficiaries, 90 A.L.R.4th 836.

50-22-02. Registration of charitable organization.

  1. A charitable organization may not solicit contributions from persons in this state by any means unless, prior to a solicitation, there is on file with the secretary of state upon forms prescribed by the secretary of state a registration statement containing the following information:
    1. Legally established name.
    2. Name or names under which it solicits contributions.
    3. Form of organization.
    4. Date and place of organization.
    5. Business telephone number.
    6. Street and mailing address of principal office in this state, if any.
    7. Name and address of the person having custody of books and records within this state.
    8. Total compensation, including salaries, fees, bonuses, fringe benefits, severance payments, and deferred compensation, paid to employees by the charitable organization and all its affiliated organizations.
    9. Federal and state tax-exempt status.
    10. Denial at any time by any governmental agency or court of the right to solicit contributions.
    11. Date on which accounting year of the charitable organization ends.
    12. General purposes for which organized.
    13. General purposes for which contributions to be solicited will be used.
    14. Methods by which solicitation will be made.
    15. Board, group, or individual having final discretion or authority as to the distribution and use of contributions received.
    16. Amount of total contributions received during the accounting year last ended.
  2. The registration statement filed by a charitable organization must include a registration fee of twenty-five dollars and a financial statement of the organization’s operation for its most recent twelve-month period immediately preceding the filing of the first registration statement. An initial registration filed by a charitable organization in July or August following the close of the annual reporting period described in section 50-22-04 is valid until September first of the subsequent year. The registration continues unless revoked by a court of competent jurisdiction, by the secretary of state, or as provided in this chapter. If a charitable organization fails to file a registration statement or other information required to be filed by the secretary of state under this chapter, or otherwise violates this chapter, the secretary of state, upon notice by certified mail to its last-known address, may deny or suspend the application for registration. An adjudicative proceeding under this chapter must be conducted in accordance with chapter 28-32 unless otherwise provided in this chapter. A notice required under this chapter or chapter 28-32 may be made by certified mail. In the event of revocation, the secretary of state shall retain the registration fee.
  3. An officer of the charitable organization must execute the registration statement and must certify that the registration statement has been executed pursuant to resolution of the board of directors or trustees, or if there be no such board, then by its managing group which has approved the content of the registration statement. The executing officer also must certify that the board of directors or trustees, or if there be no such board, its managing group, have assumed, and will continue to assume, responsibility for determining matters of policy and have supervised, and will continue to supervise, the finances of the charitable organization.
  4. If a chapter, branch, area office, or similar affiliate of a charitable organization is supervised and controlled by a parent organization located within or outside the state, the affiliate may file a registration statement on behalf of the parent organization in addition to or as part of its own registration statement or the parent organization may file a registration statement on behalf of the affiliate in addition to or as part of its own registration statement.

Source:

S.L. 1961, ch. 307, § 1; 1975, ch. 446, § 4; 1995, ch. 467, § 2; 1997, ch. 410, § 1; 1999, ch. 425, § 2; 2003, ch. 419, § 2; 2005, ch. 429, § 2; 2009, ch. 426, § 1.

Effective Date.

The 2009 amendment of this section by section 1 of chapter 426, S.L. 2009 became effective August 1, 2009.

50-22-02.1. Registration of professional fundraiser — Bond required.

  1. A person may not act as a professional fundraiser subject to this chapter unless that person has registered with the secretary of state. The registration statement must be in writing in the form prescribed by the secretary of state and must be accompanied by a fee of one hundred dollars. The registration information must be available to the public as a matter of public record. Each registration expires on September first unless, prior to September first, the public fundraiser registers by filing a new registration statement, accompanied by a fee of one hundred dollars. The forms containing the information must include the following:
    1. The name of the professional fundraiser.
    2. The street and mailing address and telephone number of the professional fundraiser.
    3. The type of fundraising to be conducted in this state.
    4. The name of the auditor, accountant, employee, agent, or other person who maintains or possesses the professional fundraiser’s records.
    5. A list of all officers, agents, or employees to work under the applicant’s direction.
    6. A list of all licensed charitable organizations with which the applicant has contracts within this state.
  2. The professional fundraiser shall also include, as part of the registration statement, a bond in which the professional fundraiser is the principal obligor. The bond must be in the sum of twenty thousand dollars, with one or more responsible sureties whose liability in the aggregate as the sureties will at least equal that sum. In order to maintain the registration, the bond must be in effect for the full term of the registration. The bond, which may be in the form of a rider to a larger blanket liability bond, must run to the state and to any person who may have a cause of action against the principal obligor of the bond for any liabilities resulting from the obligor’s conduct of any activities subject to this chapter.
  3. The professional fundraiser shall also include, as part of the registration statement, a copy of the contract between any charitable organization and the professional fundraiser. The contract must:
    1. Be in writing;
    2. Contain information that will enable the secretary of state to identify the services the professional fundraiser is to provide, including whether the professional fundraiser will at any time have custody of contributions; and
    3. Be submitted within ten days of the date of execution.
  4. A parent organization filing on behalf of one or more chapters, branches, or affiliates and a federated fundraising organization filing on behalf of its member agencies shall pay a single annual registration fee for itself and the chapters, branches, affiliates, or member agencies included in the registration statement. If any professional fundraiser fails to file any registration statement or other information required to be filed by the secretary of state under this chapter or otherwise violates this chapter, the secretary of state, upon notice by certified mail to its last-known address, may deny or suspend the application for registration. Any adjudicative proceedings under this chapter must be conducted in accordance with chapter 28-32 unless otherwise specifically herein provided. Any notice required under this chapter or chapter 28-32 may be made by certified mail.
  5. A professional fundraiser may not solicit on behalf of a charitable organization that is not registered.

Source:

S.L. 1975, ch. 446, § 1; 1983, ch. 82, § 104; 1993, ch. 54, § 106; 1995, ch. 467, § 3; 1999, ch. 425, § 3; 2003, ch. 419, § 3; 2009, ch. 426, § 2.

Effective Date.

The 2009 amendment of this section by section 2 of chapter 426, S.L. 2009 became effective August 1, 2009.

50-22-02.2. Registrant name registration or certificate of authority required.

The secretary of state may not issue or renew a registration provided for in this chapter if the name of the registrant is an entity whose name is not in some manner registered with the secretary of state as a corporation, limited liability company, trade name, fictitious name of a partnership, limited partnership, or limited liability partnership. For a registrant that is a foreign entity, a registration under this chapter means the same as a license or permit under section 10-19.1-134, 10-32.1-74, 10-33-127, or 45-22-19, or other substantially equivalent statute for the purpose of procuring a certificate of authority or similar authorization to act in this state.

Source:

S.L. 1997, ch. 411, § 1; 2005, ch. 429, § 3; 2015, ch. 87, § 39, effective July 1, 2015.

Effective Date.

The 2015 amendment of this section by section 39 of chapter 87, S.L. 2015 became effective July 1, 2015.

50-22-03. Application for license — Contents. [Repealed]

Repealed by S.L. 1999, ch. 425, § 7.

50-22-04. Information required to be filed annually.

  1. Every charitable organization that is required to file or that files a registration statement pursuant to section 50-22-02 shall file an annual report. The annual report must be delivered to the secretary of state, along with a ten dollar fee, on or before September first of each year.
  2. The annual report must be filed on forms prescribed by the secretary of state and must include a financial statement covering the immediately preceding twelve-month period of operation. An officer of the charitable organization shall execute the financial statement which must include a balance sheet, statement of income and expense, and statement of functional expenses. The financial statement must be filed on or attached to forms furnished by the secretary of state and must be prepared in accordance with generally accepted accounting principles so as to make a full disclosure of the following, including necessary allocations between each item and the basis of the allocations:
    1. Total receipts and total income from all sources;
    2. Cost of management and general;
    3. Program services;
    4. Cost of fundraising;
    5. Cost of public education;
    6. Funds or properties transferred out of state with explanation as to recipient and purpose, unless the information is not reasonably available, in which case the charitable organization may, with the approval of the secretary of state, provide a reasonable estimate of the amounts transferred;
    7. Total net amount disbursed or dedicated within this state, broken down into total amounts disbursed or dedicated for each major purpose, charitable or otherwise, unless the information is not reasonably available, in which case the charitable organization, with the approval of the secretary of state, may provide a reasonable estimate of the required information;
    8. Names of professional fundraisers used during the accounting year and the financial compensation and profit resulting to each professional fundraiser; and
    9. Total compensation, including salaries, fees, bonuses, fringe benefits, severance payments, and deferred compensation, paid to employees by the charitable organization and all its affiliated organizations.
  3. Unless otherwise required by this section, the financial statement need not be certified.
  4. Upon request of the secretary of state or attorney general, the charitable organization must promptly provide a copy of all tax or information returns, including all schedules and amendments, submitted by the charitable organization to the internal revenue service for the period covered by the annual report, except any schedules of contributors to the organization.
  5. The secretary of state or attorney general may make a detailed examination of the accounts of any charitable organization conducting a solicitation for funds within this state. Every charitable organization subject to this chapter shall keep a full and true record in the form that will enable the charitable organization to accurately provide the information required by this chapter. The registration of a charitable organization is ineffective immediately upon its failure to file an annual report, including the payment of all required fees. Any such organization, if in default under this chapter, may not file a new registration statement until it files the required annual report with the secretary of state.

The secretary of state may extend the filing date for the annual report of any charitable organization, if a written application for extension is received before the filing deadline an extension may be granted for a single year, or permanently at the request of the charitable organization. A charitable organization with a fiscal year ending within three months prior to the filing deadline may make a written request for an extension to apply to reports for subsequent years until the fiscal year is changed. A filing date may not be extended under this subsection beyond December first of any given year an annual report is due.

Information submitted must be given as of the close of the business on the thirty-first day of December next preceding the date herein provided for the filing of the report, or, in the alternative, the date of the end of the fiscal year next preceding this report may be used.

Failure to file the annual report and fee as required will mean the organization may not solicit in this state.

Source:

S.L. 1961, ch. 307, § 1; 1995, ch. 467, § 4; 1997, ch. 410, § 2; 1999, ch. 425, § 4; 2003, ch. 419, § 4; 2009, ch. 426, § 3; 2011, ch. 362, § 1; 2021, ch. 85, § 25, effective August 1, 2021.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 362, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 3 of chapter 426, S.L. 2009 became effective August 1, 2009.

50-22-04.1. Limitations on amount of payments for solicitation or funding. [Repealed]

Repealed by S.L. 1985, ch. 531, § 1.

50-22-04.2. Contract or statement filing. [Repealed]

Repealed by S.L. 2003, ch. 419, § 9.

50-22-04.3. Fraud — Misrepresentation.

A charitable organization, professional fundraiser, or any agent or employee of a charitable organization or professional fundraiser may not use any deceptive act or practice, fraud, false pretense, false promise, or misrepresentation with the intent that others rely thereon in connection with the solicitation of a contribution for or on behalf of a charitable organization.

Source:

S.L. 1985, ch. 532, § 1; 2003, ch. 419, § 5.

50-22-05. Enforcement — Penalties — Remedies.

Any person conducting a solicitation in violation of this chapter, or failing to properly complete and promptly file any report, tax return, or other information required under this chapter, is guilty of a class A misdemeanor. Any person conducting a solicitation after the person’s registration is revoked is guilty of a class C felony. The criminal penalties in this section are in addition to all other causes of action, remedies, and penalties available to the state.

Whenever the attorney general or any state’s attorney has reason to believe or is advised by the secretary of state that the charitable organization or professional fundraiser is operating in violation of this chapter, the attorney general or state’s attorney may bring an action in the name of the state against the charitable organization and its officers, the professional fundraiser, or any other person who has violated this chapter or who has participated or is about to participate in any solicitation or collection by employing any device, scheme, artifice, false representation or promise, to defraud or obtain money or other property, to enjoin the charitable organization or professional fundraiser or other person from continuing the violation, solicitation, or collection, or engaging therein, or doing any acts in furtherance thereof and for any other relief the court determines appropriate, including the imposition of civil penalties in the amount of up to five thousand dollars per violation of this chapter and the denial of registration under this chapter for a period of up to five years. The attorney general, in enforcing this chapter, has all the powers provided in this chapter or chapter 51-15 and may seek all remedies in this chapter or chapter 51-15. The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties in chapter 51-15, or otherwise provided by law.

Source:

S.L. 1961, ch. 307, § 1; 1975, ch. 106, § 543; 1975, ch. 446, § 5; 1995, ch. 467, § 5; 1999, ch. 425, § 6; 2003, ch. 419, § 6; 2009, ch. 426, § 4.

Effective Date.

The 2009 amendment of this section by section 4 of chapter 426, S.L. 2009 became effective August 1, 2009.

50-22-06. Costs recoverable in court proceeding.

The attorney general is entitled to an award of reasonable attorney’s fees, costs, and expenses of an investigation and action brought under this chapter.

Source:

S.L. 2003, ch. 419, § 7.

50-22-07. Rules.

The secretary of state may adopt rules the secretary of state deems necessary and appropriate to fully implement the provisions of this chapter in accordance with chapter 28-32, but which need not comply with section 28-32-07.

Source:

S.L. 2003, ch. 419, § 8.

CHAPTER 50-23 Medical Assistance for the Aged [Repealed]

[Repealed by S.L. 1963, ch. 328, § 2]

Note.

For present provisions relating to medical assistance for needy persons, see chapter 50-24.1.

CHAPTER 50-24 Aid to Aged, Blind or Disabled Program [Repealed]

[Repealed by S.L. 1979, ch. 513, § 1]

Note.

Section 2 of chapter 513, S.L. 1979, provides:

“Rights existing and vested or instruments executed under sections 50-24-13, 50-24-15, 50-24-30, 50-24-33, 50-24-34, and 50-24-38 prior to July 1, 1979, shall continue to be effective until their expiration according to their own terms or by force of law”.

CHAPTER 50-24.1 Medical Assistance for Needy Persons

50-24.1-00.1. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Department” means the department of human services.
  2. “Medical assistance” means benefits paid under chapter 50-24.1 and title XIX of the Social Security Act [42 U.S.C. 1396 et seq.].
  3. “Third party” means an individual, entity, or program that is or may be liable to pay all or part of the expenditures for medical assistance furnished under this chapter.

Source:

S.L. 2019, ch. 408, § 3, effective July 1, 2019.

50-24.1-00.1. Definitions. [Effective September 1, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Department” means the department of health and human services.
  2. “Medical assistance” means benefits paid under chapter 50-24.1 and title XIX of the Social Security Act [42 U.S.C. 1396 et seq.].
  3. “Third party” means an individual, entity, or program that is or may be liable to pay all or part of the expenditures for medical assistance furnished under this chapter.

Source:

S.L. 2019, ch. 408, § 3, effective July 1, 2019; 2021, ch. 352, § 448, effective September 1, 2022.

50-24.1-01. Purpose.

The purpose of this chapter is to provide medical care and services to persons whose income and resources are insufficient to meet such costs, and further to provide preventive, rehabilitative, and other services to help families and individuals to retain or attain capability for independence or self-care.

Source:

S.L. 1965 Sp., ch. 7, § 1.

50-24.1-01.1. Department to submit plans and seek waivers.

The department may submit state plans and may take such actions as are reasonably necessary to administer programs under its supervision, including the issuance of policy manuals, forms, and program directives. The department may publish dashboards that demonstrate program utilization and provider care trends. Within the limits of legislative appropriation, the department may seek appropriate waivers of the requirements of the federal statutes or regulations as authorized by federal law.

Source:

S.L. 1989, ch. 583, § 1; 2019, ch. 408, § 5, effective July 1, 2019.

50-24.1-01.2. Department may establish and administer state unified dental insurance coverage plan. [Repealed]

Source:

S.L. 1993, ch. 481, § 1; repealed by 2019, ch. 408, § 39, effective July 1, 2019.

50-24.1-01.3. Department to comply with federal requirements — Interagency cooperation — Civil money penalty fund. [Effective through August 31, 2022]

  1. The department shall take any action necessary to comply with the requirements of section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)], including establishing a process to enforce compliance by nursing facilities with requirements for participation in the medical assistance program that conforms to any federal regulations implementing that section.
  2. The state department of health and the department shall cooperate to achieve prompt and effective implementation of subsection 1.
  3. The state treasurer shall establish a fund for the receipt of any civil money penalties imposed under subsection 1. Any civil money penalty paid to the department under subsection 1 must be deposited in that fund and, subject to the limits of legislative appropriation, may be expended for the purpose allowed by the federal government.
  4. This section may not be construed to create any right or authorize any activity not provided for in section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)] or its implementing federal regulations.
  5. Before the establishment and assessment of civil money penalties permitted by section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)], the department is encouraged to submit a plan of alternative remedies in accordance with section 1919(h)(2)(B)(ii) of that Act.

Source:

S.L. 1995, ch. 468, § 1; 1997, ch. 445, § 2; 2019, ch. 408, § 6, effective July 1, 2019.

50-24.1-01.3. Department to comply with federal requirements — Interagency cooperation — Civil money penalty fund. [Effective September 1, 2022]

  1. The department shall take any action necessary to comply with the requirements of section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)], including establishing a process to enforce compliance by nursing facilities with requirements for participation in the medical assistance program that conforms to any federal regulations implementing that section.
  2. The state treasurer shall establish a fund for the receipt of any civil money penalties imposed under subsection 1. Any civil money penalty paid to the department under subsection 1 must be deposited in that fund and, subject to the limits of legislative appropriation, may be expended for the purpose allowed by the federal government.
  3. This section may not be construed to create any right or authorize any activity not provided for in section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)] or its implementing federal regulations.
  4. Before the establishment and assessment of civil money penalties permitted by section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)], the department is encouraged to submit a plan of alternative remedies in accordance with section 1919(h)(2)(B)(ii) of that Act.

Source:

S.L. 1995, ch. 468, § 1; 1997, ch. 445, § 2; 2019, ch. 408, § 6, effective July 1, 2019; 2021, ch. 352, § 449, effective September 1, 2022.

50-24.1-01.4. Medicaid and Medicare eligible individuals.

The department may not require prior authorization, additional documentation not required by Medicare, or additional prescription requirements of durable medical equipment and supplies in order to process a claim for Medicaid-eligible individuals who are also eligible for Medicare if an item has been paid by Medicare, unless the item is not covered by Medicaid.

Source:

S.L. 2019, ch. 408, § 4, effective January 1, 2020.

50-24.1-02. Eligibility.

Within the limits of legislative appropriations, medical assistance may be paid for any person who either has income and resources insufficient to meet the costs of necessary medical care and services or is eligible for or receiving financial assistance under chapter 50-09 or title XVI of the Social Security Act, as amended, and:

  1. Has not at any time before or after making application for medical assistance made an assignment or transfer of property for the purpose of rendering that person eligible for assistance under this chapter. For the purposes of making any determination or redetermination of eligibility, the phrase “assignment or transfer” includes actions or failures to act which effect a renunciation or disclaimer of any interest which the applicant or recipient might otherwise assert or have asserted, or which serve to reduce the amounts which an applicant or recipient might otherwise claim from a decedent’s estate, a trust or similar device, or a person obligated by law to furnish support to the applicant or recipient.
  2. Has applied or agrees to apply all proceeds received or receivable by that person or that person’s eligible spouse from third-party medical coverage, including health care coverage, accident insurance, and automobile insurance, to the costs of medical care for that person and that person’s eligible spouse and children. The department may require from any applicant or recipient of medical assistance the assignment of any rights accruing under third-party medical coverage. Any rights or amounts so assigned must be applied against the cost of medical care paid on behalf of the recipient under this chapter. The assignment is not effective as to any carrier before the receipt of notice of assignment by such carrier.
  3. Is eligible under rules and regulations established by the department.

Source:

S.L. 1965 Sp., ch. 7, § 2; 1975, ch. 447, § 1; 1977, ch. 455, § 2; 1987, ch. 579, § 1; 2019, ch. 408, § 7, effective July 1, 2019.

Notes to Decisions

Assignment or Transfer.

Even though applicant for medical assistance held legal title to pledged certificates and had the legal authority to require her son, to whom she had pledged the certificates as security for a debt, to satisfy the debt himself, the Department of Human Services determined applicant to have a “resource” within the meaning of this section; although title to the certificates of deposit did not pass until they were applied to the debt, the department properly determined an “assignment or transfer” to have taken place at that time. Wagner v. Sheridan County Social Servs. Bd., 518 N.W.2d 724, 1994 N.D. LEXIS 148 (N.D. 1994).

Renunciation.

The legislature did not expressly make “renunciation” a disqualifying act under subdivision 1 of this section, although it could have easily so provided; nor did it define the terms “assignment” or “transfer”. However, as commonly understood, those terms connoted an act of designating or conveying a thing from one person to another. One who assigned or transferred a property designated the assignee or transferee and the terms of the conveyance. In contrast, one who renounces a bequest or inheritance under former section 30.1-10-01 (see now chapter 30.1-10.1) could not designate the recipient or otherwise control the disposition of the renounced property. Nielsen v. Cass County Social Servs. Bd., 395 N.W.2d 157 (N.D. 1986), decided prior to the 1987 amendment to N.D.C.C. section 50-24.1-02(1).

Department of human services’ contention that benefit recipient’s interest in her deceased mother’s estate should be treated as an available resource or that her renunciation of it should be treated as a disqualifying transfer under subdivision 1 of this section was inconsistent with the requirement of former section 30.1-10-01(3) (see now chapter 30.1-10.1) that a renunciation relate back to the death of the decedent “for all purposes”. Nielsen v. Cass County Social Servs. Bd., 395 N.W.2d 157 (N.D. 1986), decided prior to the 1987 amendment to N.D.C.C. section 50-24.1-02(1).

Renouncing a right to a decedent’s estate is a transfer for purposes of determining eligibility for medical assistance benefits. Hinschberger v. Griggs County Social Servs., 499 N.W.2d 876, 1993 N.D. LEXIS 86 (N.D. 1993).

Residency of One Entering State to Receive Medical Care.

Residency regulation whereby North Dakota resident was classified as a nonresident for medical assistance purposes because he came to state for primary purpose of receiving medical care was unconstitutional as creating an invidious classification that denied equal protection and impinged on his right of interstate travel. Nielsen v. Social Serv. Bd., 216 N.W.2d 708, 1974 N.D. LEXIS 237 (N.D. 1974).

Trusts.

The Department’s finding that the trust was a support trust and not a discretionary trust was supported by a preponderance of the evidence where trust included language “care, maintenance, support and education” which the Department reasonably concluded under N.D. Admin. Code § 75-02.02.1-31(3) meant that the trust was intended to be used as a primary source of support and maintenance for applicant, making applicant ineligible for medical assistance. Kryzsko v. Ramsey County Soc. Servs., 2000 ND 43, 607 N.W.2d 237, 2000 N.D. LEXIS 59 (N.D. 2000).

Department’s decision that trust principal could be invaded and was available for the purpose of Medicaid eligibility was not supported by a preponderance of the evidence where husband created a hybrid trust regarding the trust’s principal which could not be invaded because the wife violated the terms of the trust by making substantial gifts to her children. Eckes v. Richland County Soc. Servs., 2001 ND 16, 621 N.W.2d 851, 2001 N.D. LEXIS 13 (N.D. 2001).

Assets in a conservatorship were available under the Medicaid statute where the court authorized the conservator to use the funds for the child, and it did not matter that the conservator would have had to initiate a legal action to access the funds. Schmidt v. Ward County Soc. Servs. Bd., 2001 ND 169, 634 N.W.2d 506, 2001 N.D. LEXIS 177 (N.D. 2001).

50-24.1-02.1. Assignment of claim.

  1. Each applicant or recipient of benefits under this chapter must be deemed to have assigned, to the department, any right of recovery the applicant or recipient may have for medical costs incurred under this chapter not exceeding the amount of funds expended by the department for the care and treatment of the applicant or recipient. The applicant or recipient, or other person empowered by law to act in the applicant’s or recipient’s behalf, shall execute and deliver an assignment of claim, assignment of rights, or other authorizations as necessary to secure fully the right of recovery of the department. The assignment:
    1. Is effective as to both current and accrued medical support recovery obligations.
    2. Takes effect upon a determination that an applicant is eligible for assistance under this chapter.
  2. The department may compromise claims arising out of assignments made under this section on such terms as it may deem just and appropriate. The department may not be compelled to compromise any claim.

Source:

S.L. 1977, ch. 455, § 1; 1981, ch. 492, § 1; 2009, ch. 419, § 16; 2019, ch. 408, § 8, effective July 1, 2019.

Effective Date.

The 2009 amendment of this section by section 16 of chapter 419, S.L. 2009 became effective August 1, 2009.

Notes to Decisions

In General.

The legislature has given state agencies who provide assistance to needy persons the right to be reimbursed for that assistance from persons who have obligations to support those receiving the assistance. Mehl v. Mehl, 545 N.W.2d 777, 1996 N.D. LEXIS 105 (N.D. 1996).

Medical Malpractice Settlement.

Department of health had the right to recover a medical malpractice settlement received by a Medicare recipient even though he claimed that his medical malpractice action was not for medical costs, but for pain and suffering. Bear v. N.D. Dep't of Human Servs., 2002 ND 139, 651 N.W.2d 611, 2002 N.D. LEXIS 182 (N.D. 2002), cert. denied, 539 U.S. 960, 123 S. Ct. 2639, 156 L. Ed. 2d 660, 2003 U.S. LEXIS 5078 (U.S. 2003).

Collateral References.

Reimbursement, personal injury recovery as affecting eligibility for, or duty to reimburse, public welfare assistance, 80 A.L.R.3d 772.

Law Reviews.

North Dakota Supreme Court Review (Grey Bear v. North Dakota Dept. of Human Services, 2002 ND 139, 651 N.W.2d 611), see 79 N.D. L. Rev. 589 (2003).

50-24.1-02.2. Community spouse resource allowance.

In determining eligibility for medical assistance applicants and recipients, the department shall establish a community spouse resource allowance equal to the maximum community spouse resource allowance as provided by 42 U.S.C. 1396r-5(f)(2). This section applies to a community spouse of an institutionalized spouse. For purposes of this section, “institutionalized spouse” includes an individual who is described in 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).

Source:

S.L. 1981, ch. 493, § 1; 1989, ch. 583, § 2; 1991, ch. 29, § 15; 1997, ch. 12, § 13; 2019, ch. 408, § 9, effective July 1, 2019.

50-24.1-02.3. When designated pre-need funeral service contracts, prepayments, or deposits not to be considered in eligibility determination.

  1. In determining eligibility for medical assistance, the department may not consider as an available resource any pre-need funeral service contracts, prepayments, or deposits to a fund which are placed in an irrevocable itemized funeral contract designated by the applicant or recipient to pay for the applicant’s or recipient’s funeral.
  2. An applicant or recipient designates a prepayment or deposit for that applicant’s or recipient’s burial by providing funds that must be used for the funeral or burial expenses of the applicant or recipient. If an applicant’s or recipient’s burial is funded by an insurance policy, the amount considered set-aside for burial is the lesser of the cost basis or the face value of the insurance policy. Interest or earnings retained in a funeral fund also may not be considered as an available resource.
  3. A pre-need funeral service contract, prepayment, or deposit designated under this section is not a multiple-party account for purposes of chapter 30.1-31. Any amount in a pre-need funeral service contract, prepayment, or deposit designated under this section which is not used for funeral or burial expenses must be returned to the estate of the medical assistance recipient and is subject to recovery by the department from the medical assistance recipient’s estate. A claim for payment of funeral expenses may not be made against the estate of a deceased medical assistance recipient except to the extent the funds are maintained in accordance with this chapter.

Source:

S.L. 1981, ch. 494, § 1; 1987, ch. 580, § 1; 1989, ch. 304, § 2; 1991, ch. 512, § 1; 1995, ch. 461, § 7; 1997, ch. 412, § 1; 1999, ch. 426, § 1; 2005, ch. 420, § 1; 2009, ch. 427, § 1; 2011, ch. 363, § 1; 2013, ch. 377, § 2; 2019, ch. 408, § 10, effective July 1, 2019; 2019, ch. 409, § 2, effective August 1, 2019.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 377, S.L. 2013 became effective August 1, 2013.

The 2011 amendment of this section by section 1 of chapter 363, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 1 of chapter 427, S.L. 2009 became effective August 1, 2009.

Note.

Section 50-24.1-02.3 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 10 of Chapter 408, Session Laws 2019, House Bill 1115; and Section 2 of Chapter 409, Session Laws 2019, House Bill 1318.

50-24.1-02.4. Exempt income and resources.

The department may not consider, as an available asset for purposes of determining eligibility for benefits under this chapter, income and resources set aside by a blind or disabled person as part of a plan to achieve self-support, if the plan has been approved by the social security administration.

Source:

S.L. 1993, ch. 482, § 1.

50-24.1-02.5. Effect of purchase of insurance on disqualifying transfer.

  1. An individual who secures and maintains insurance that covers the cost of substantially all necessary medical care, including necessary care in a nursing home and necessary care for an individual who qualifies for admission to a nursing home but receives care elsewhere, for at least thirty-six months after the date an asset is disposed of, may demonstrate that the asset was disposed of exclusively for a purpose other than to qualify for medical assistance by providing proof of that insurance.
  2. If purchased after July 31, 2003, the insurance coverage under this section must include home health care coverage, assisted living coverage, basic care coverage, and skilled nursing facility coverage. The coverage required under this subsection must include a daily benefit equal to at least one and fifty-seven hundredths times the average daily cost of nursing care for the year in which the policy was issued and an aggregate benefit equal to at least one thousand ninety-five times that daily benefit.
  3. This section applies only to policies purchased before the effective date of an approved amendment to the state plan for medical assistance that provides for a qualified state long-term care insurance partnership under section 1917(b) of the Social Security Act [42 U.S.C. 1396 p].

Source:

S.L. 1995, ch. 469, § 1; 2003, ch. 420, § 1; 2007, ch. 421, § 1; 2019, ch. 408, § 11, effective July 1, 2019.

Effective Date.

The 2007 amendment of this section by section 1 of chapter 421, S.L. 2007 became effective March 2, 2007, pursuant to an emergency clause in section 4 of chapter 421, S.L. 2007.

50-24.1-02.6. Medical assistance benefits — Eligibility criteria.

  1. The department shall provide medical assistance benefits to otherwise eligible persons who aremedically needy persons who have countable income that does not exceed an amount determined under subsection 2.
  2. The department shall establish an income level for medically needy persons at an amount no less than required by federal law.
  3. The department shall provide medical assistance benefits to children and families coverage groups and pregnant women without consideration of assets.
  4. The department may require, as a condition of eligibility, individuals eligible for Medicare part A, B, or D to apply for such coverage.

Source:

S.L. 1995, ch. 246, § 30; 2001, ch. 425, § 1; 2003, ch. 421, §§ 1, 2; 2007, ch. 422, § 1; 2009, ch. 12, § 20; 2019, ch. 408, § 12, effective July 1, 2019.

Effective Date.

The 2009 amendment of this section by section 20 of chapter 12, S.L. 2009 became effective July 1, 2009.

50-24.1-02.7. Workers with disabilities coverage.

The department shall establish and implement a buyin program to provide medical assistance to an individual who, except for substantial gainful activity, meets the definition of disabled under the supplemental security income program under title XVI of the federal Social Security Act, who is at least sixteen but less than sixty-five years of age, and who is gainfully employed. The program:

  1. Must be made available to an individual with a disability who is a member of a household with a net income less than two hundred twenty-five percent of the most recently revised official poverty line published by the federal office of management and budget applicable to the household size;
  2. Must allow up to an additional ten thousand dollars in assets;
  3. Must require the payment of a premium that is based upon a sliding scale which may not be less than two and one-half percent nor more than seven and one-half percent of the individual’s gross countable income;
  4. Must include a one-time program enrollment fee of one hundred dollars;
  5. Must provide that the failure of an enrolled individual to pay premiums for three months may result in the termination of enrollment in the program; and
  6. May not require the payment of a premium or enrollment fee or disenroll an individual for failure to pay a premium or enrollment fee for workers with disabilities coverage during a federally declared emergency if collection of the premium or enrollment fee may impact the receipt of federal funds.

Source:

S.L. 2003, ch. 422, § 1; 2005, ch. 421, § 1; 2019, ch. 408, § 13, effective July 1, 2019; 2021, ch. 12, § 30, effective May 10, 2021.

50-24.1-02.8. Transfers involving annuities.

  1. For purposes of this section, “annuity” means a policy, certificate, contract, or other arrangement between two or more parties under which one party pays money or other valuable consideration to the other party in return for the right to receive payments in the future.
  2. The purchase of an annuity on or after February 8, 2006, or the selection or alteration on or after February 8, 2006, of a payment option for an annuity purchased at any time, is a disqualifying transfer of an asset for purposes of this chapter unless:
    1. The state is named as the remainder beneficiary in the first position for at least the total amount of medical assistance paid on behalf of the annuitant or the state is named in the second position after the community spouse or minor or disabled child and is named in the first position if the community spouse or a representative of the minor or disabled child disposes of any remainder for less than fair market value;
    2. The annuity is purchased from an insurance company or other commercial company that sells annuities as part of the normal course of business;
    3. The annuity is irrevocable and neither the annuity nor payments due under the annuity may be assigned or transferred;
    4. The annuity provides substantially equal monthly payments of principal and interest and does not have a balloon or deferred payment of principal or interest. Payments will be considered substantially equal if the total annual payment in any year varies by five percent or less from the payment in the previous year; and
    5. The annuity will return the full principal and interest within the purchaser’s life expectancy as determined in accordance with actuarial publications of the office of the chief actuary of the social security administration.
  3. Except for the provision in subdivision a of subsection 2, this section does not apply to:
    1. An annuity described in subsection b or q of section 408 of the Internal Revenue Code of 1986; or
    2. An annuity purchased with proceeds from:
      1. An account or trust described in subsection a, c, or p of section 408 of the Internal Revenue Code of 1986;
      2. A simplified employee pension within the meaning of subsection k of section 408 of the Internal Revenue Code of 1986; or
      3. A Roth IRA described in section 408 A of the Internal Revenue Code of 1986.

Source:

S.L. 2003, ch. 423, § 1; 2005, ch. 423, § 1; 2005, ch. 422, § 1; 2007, ch. 423, § 1; 2019, ch. 408, § 14, effective July 1, 2019.

Effective Date.

The 2007 amendment of this section by section 1 of chapter 423, S.L. 2007 became effective August 1, 2007.

Notes to Decisions

Eligibility.

North Dakota Department of Human Services (Department) order that a patient was not eligible for Medicaid assistance because his total household assets of $81,619 — including a $50,000 annuity purchased by his wife that was determined to be not actuarially sound because the wife could not reasonably be expected to receive all annuity payments within her lifetime due to her numerous health problems — exceeded the maximum allowable amount of $46,725 was not in accordance with N.D.C.C. § 50-24.1-02.8(2) because it failed to disclose its estimate of the patient’s wife’s reasonable life expectancy to the couple; the Department had to determine life expectancy and reevaluate the patient’s eligibility. Gustafson v. N.D. Dep't of Human Servs., 2006 ND 75, 712 N.W.2d 599, 2006 N.D. LEXIS 81 (N.D. 2006).

Relationship to Federal Medicaid Statutes.

United States District Court for the District of North Dakota, Southwestern Division, finds that N.D.C.C. § 50-24.1-02.8(7)(b) is more restrictive than federal law and thus violates 42 U.S.C.S. § 1396a(a)(10)(C)(i) and 1396a(r)(2)(B). Geston v. Olson, 857 F. Supp. 2d 863, 2012 U.S. Dist. LEXIS 67926 (D.N.D. 2012), aff'd, 729 F.3d 1077, 2013 U.S. App. LEXIS 18755 (8th Cir. N.D. 2013).

United States District Court for the District of North Dakota, Southwestern Division, finds that N.D.C.C. § 50-24.1-02.8(7)(b) violates 42 U.S.C.S. § 1396r-5(b)(1) which prohibits consideration of the community spouse’s income in the institutionalized spouse’s Medicaid eligibility determination. Geston v. Olson, 857 F. Supp. 2d 863, 2012 U.S. Dist. LEXIS 67926 (D.N.D. 2012), aff'd, 729 F.3d 1077, 2013 U.S. App. LEXIS 18755 (8th Cir. N.D. 2013).

50-24.1-02.9. Effect of purchase of long-term care insurance on eligibility for medical assistance benefits. [Repealed]

Repealed by S.L. 2007, ch. 421, § 3.

Effective Date.

The 2007 amendment of this section by section 3 of chapter 421, S.L. 2007 became effective March 2, 2007, pursuant to an emergency clause in section 4 of chapter 421, S.L. 2007.

50-24.1-02.10. Real estate taxes on rental property as deduction from rental income.

For purposes of determining the treatment of income and the application of income to the cost of care for medical assistance eligibility for an individual screened as requiring nursing care services, and who is receiving home and community-based services or nursing care services, the department shall allow as a deduction from countable gross rental income the real estate taxes for rental property if the individual is responsible for paying the real estate taxes for that property.

Source:

S.L. 2011, ch. 364, § 1; 2019, ch. 408, § 15, effective July 1, 2019.

Effective Date.

This section became effective August 1, 2011.

50-24.1-03. County share of medical assistance — Reimbursement for clinic services not required. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13.

50-24.1-03.1. Duties of human service zone and department.

In the administration of the medical assistance program, the department or a human service zone shall investigate and record the circumstances of each applicant or recipient of assistance, in order to ascertain the facts supporting the application, or the granting of assistance, and obtain such other information as directed by the department or as may be required by the rules and regulations of the department.

Source:

S.L. 1981, ch. 492, § 4; 2007, ch. 417, § 12; 2019, ch. 408, § 16, effective July 1, 2019; 2019, ch. 391, § 113, effective January 1, 2020.

Effective Date.

The 2007 amendment of this section by section 12 of chapter 417, S.L. 2007 became effective July 1, 2007.

Note.

Section 50-24.1-03.1 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 113 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 16 of Chapter 408, Session Laws 2019, House Bill 1115.

50-24.1-03.2. Investigations — Power of human service zones, department, and employees.

  1. In the investigation of applications under the provisions of this chapter, the human service zones, the department, and the officials and employees of such agencies charged with the administration and enforcement of this chapter may:
    1. Conduct examinations;
    2. Require the attendance of witnesses and the production of books, records, and papers; and
    3. Make application to the district court of the county to compel the attendance of witnesses and the production of books, records, and papers.
  2. The department may request from other state, county, human service zones, and local agencies information deemed necessary to carry out the medical support enforcement program. All officers and employees of state, county, and local agencies shall cooperate with the department in locating absent spouses or parents of children to whom an obligation of support is owed or on whose behalf assistance is being provided and, on request, shall supply the department with available information relative to the location, income, social security number, and property holdings of the absent spouse or parent, notwithstanding any provision of law making that information confidential. Any person acting under the authority of the department who, pursuant to this subsection, obtains information from the office of the state tax commissioner, the confidentiality of which is protected by law, may not divulge such information except to the extent necessary for the administration of the medical support enforcement program or when otherwise directed by judicial order or when otherwise provided by law.
  3. The officers and employees designated by the human service zones or the department may administer oaths and affirmations.

Source:

S.L. 1981, ch. 492, § 3; 2007, ch. 417, § 13; 2019, ch. 391, § 114, effective January 1, 2020; 2019, ch. 408, § 17, effective July 1, 2019.

Effective Date.

The 2007 amendment of this section by section 13 of chapter 417, S.L. 2007 became effective July 1, 2007.

Note.

Section 50-24.1-03.2 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 114 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 17 of Chapter 408, Session Laws 2019, House Bill 1115.

50-24.1-03.3. Criminal background investigation — Fingerprinting required.

  1. When the department determines a criminal history record check is appropriate, a provider applicant, a provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider shall secure, from any agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law.
  2. The applicant provider or provider shall assure the information obtained under subsection 1 is provided to the department within thirty days of the notice date.
  3. The department shall submit the information and fingerprints to the bureau of criminal investigation to determine if there is any criminal history record information regarding the applicant provider, provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider in accordance with section 12-60-24.
  4. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of response, provide the response of the federal bureau of investigation to the department. The bureau also shall provide any criminal history record information that lawfully may be made available under chapter 12-60 to the department.
  5. The results of the investigations must be forwarded to the department.
  6. Upon request by the applicant provider, provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider, a law enforcement agency shall take fingerprints of individuals described in this section if the request is made for purposes of this section.
  7. The applicant provider, provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider shall pay the cost of securing fingerprints, any criminal history record information made available under chapter 12-60, and a nationwide background check.
  8. The department may charge a fee not to exceed the actual cost for the purpose of processing the background investigations.
  9. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the cost of the fingerprinting.
  10. The department may use the background information findings to determine approval of Medicaid services provider application or termination of enrollment as a Medicaid services provider. An individual denied or terminated as a Medicaid service provider as a result of the background investigation may not be qualified to enroll as a provider, have five percent or greater ownership or control interest in a Medicaid services provider, or submit claims for reimbursement through the department’s Medicaid management information system.

Source:

S.L. 2017, ch. 346, § 2, effective July 1, 2017; 2019, ch. 408, § 18, effective July 1, 2019.

50-24.1-04. Authority of department.

The department may adopt rules and regulations as necessary to qualify for any federal funds available under this chapter.

Source:

S.L. 1965 Sp., ch. 7, § 4; 2019, ch. 408, § 19, effective July 1, 2019.

Notes to Decisions

Disability Determinations.

Plain language of 42 C.F.R. § 435.541(d)(2) required the Department of Human Services to make a determination of disability in accordance with the requirements for evaluating that evidence under the SSI program specified in 20 C.F.R. § 416.901 through 416.998, which included the Social Security Administration’s five-step sequential process for evaluating disability claims; this was a requirement that the department failed to follow concerning the citizen’s disability determination, such that the case was remanded in order for the department to follow the correct procedures. Sutherland v. N.D. Dep't of Human Servs., 2004 ND 212, 689 N.W.2d 880, 2004 N.D. LEXIS 353 (N.D. 2004).

50-24.1-05. Date effective.

The effective date of this chapter is the date on which federal funds become available for the purposes and program outlined herein.

Source:

S.L. 1965 Sp., ch. 7, § 5.

50-24.1-06. Remedial eye care — When provided. [Repealed]

Source:

S.L. 1975, ch. 447, § 2; 2003, ch. 424, § 1; repealed by 2021, ch. 371, § 4, effective August 1, 2021.

50-24.1-07. Recovery from estate of medical assistance recipient.

  1. On the death of any recipient of medical assistance who was a resident of a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution and with respect to whom the department determined that resident reasonably was not expected to be discharged from the medical institution and to return home, or who was fifty-five years of age or older when the recipient received the assistance, and on the death of the spouse of the deceased recipient, the total amount of medical assistance paid on behalf of the recipient following the institutionalization of the recipient who cannot reasonably be expected to be discharged from the medical institution, or following the recipient’s fifty-fifth birthday, as the case may be, must be allowed as a preferred claim against the decedent’s estate after payment, in the following order, of:
    1. Recipient liability expense applicable to the month of death for nursing home or basic care services;
    2. Funeral expenses not in excess of three thousand dollars;
    3. Expenses of the last illness, other than those incurred by medical assistance;
    4. Expenses of administering the estate, including attorney’s fees approved by the court;
    5. Claims made under chapter 50-01;
    6. Claims made under chapter 50-24.5;
    7. Claims made under chapter 50-06.3 and on behalf of the state hospital; and
    8. Claims made under subsection 4.
    1. A claim may not be required to be paid nor may interest begin to accrue during the lifetime of the decedent’s surviving spouse, if any, nor while there is a surviving child who is under the age of twenty-one years or is blind or permanently and totally disabled, but no timely filed claim may be disallowed because of the provisions of this section.
    2. The department may not file a claim against an estate to recover payments made on behalf of a recipient who was eligible for Medicaid under section 50-24.1-37 and who received coverage through a private carrier.
  2. Every personal representative, upon the granting of letters of administration or testamentary shall forward to the department a copy of the petition or application commencing probate, heirship proceedings, or joint tenancy tax clearance proceedings in the respective district court, together with a list of the names of the legatees, devisees, surviving joint tenants, and heirs at law of the estate. Unless a properly filed claim of the department is paid in full, the personal representative shall provide to the department a statement of assets and disbursements in the estate.
  3. A claim of the department made against the decedent’s estate of a recipient of medical assistance who was a full-benefit dual-eligible recipient, or against the decedent’s estate of the spouse of a deceased recipient of medical assistance who was a full-benefit dual-eligible recipient, must include a claim for an amount equal to the amount required to be paid each month under 42 U.S.C. 1396u-5(c)(1)(A), or a substantially similar federal law, which reasonably may be attributable to benefits paid on behalf of the deceased recipient in a month during which the deceased recipient received medical assistance under this chapter and was eligible for Medicare.
  4. All assets in the decedent’s estate of the spouse of a deceased medical assistance recipient are presumed to be assets in which that recipient had an interest at the time of the recipient’s death.
  5. To the extent a claim for repayment of medical assistance arises for services provided in months during which the department has in effect an approved state plan amendment that provides for the disregard of assets in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary of an insurance policy under a qualified state long-term care insurance partnership, the department’s claim need not be paid out of assets of the decedent’s estate of a recipient of medical assistance, or assets of the decedent’s estate of the spouse of such a recipient, of a value equal to an amount the estate demonstrates was paid for long-term care provided to the recipient of medical assistance during those months by that insurance policy.
  6. For purposes of this section:
    1. “Full-benefit dual-eligible” has the meaning provided in 42 U.S.C. 1396 u-5; and
    2. “Qualified state long-term care insurance partnership” has the meaning provided in 42 U.S.C. 1396 p(b).

Source:

S.L. 1975, ch. 447, § 3; 1977, ch. 454, § 2; 1979, ch. 512, § 2; 1981, ch. 492, § 2; 1981, ch. 496, § 1; 1991, ch. 326, § 180; 1995, ch. 461, § 8; 1997, ch. 412, § 2; 2005, ch. 424, § 1; 2007, ch. 421, § 2; 2007, ch. 424, § 1; 2009, ch. 428, § 1; 2011, ch. 365, § 1; 2011, ch. 207, § 22; 2013, ch. 378, § 1; 2015, ch. 333, § 2, effective August 1, 2015; 2019, ch. 408, § 20, effective July 1, 2019.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 333, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 1 of chapter 378, S.L. 2013 became effective August 1, 2013.

The 2011 amendment of this section by section 1 of chapter 365, S.L. 2011 became effective August 1, 2011.

The 2011 amendment of this section by section 22 of chapter 207, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 1 of chapter 428, S.L. 2009 became effective August 1, 2009.

The 2007 amendment of this section by section 1 of chapter 424, S.L. 2007 became effective August 1, 2007.

The 2007 amendment of this section by section 2 of chapter 421, S.L. 2007 became effective March 2, 2007, pursuant to an emergency clause in section 4 of chapter 421, S.L. 2007.

Notes to Decisions

Constitutionality.

This section does not constitute an impairment of a contractual obligation contrary to Article I, § 18 of the North Dakota Constitution.In re Estate of Tuntland, 364 N.W.2d 513, 1985 N.D. LEXIS 275 (N.D. 1985).

Assets Subject to Recovery.

Assets conveyed by a deceased Medicaid recipient to his wife prior to his death and traceable to her estate were subject to the North Dakota Department of Human Services’ recovery claim; however, claim could not include assets in which deceased recipient never held an interest. North Dakota Dep't of Human Servs. v. Caroline (In re Estate of Wirtz), 2000 ND 59, 607 N.W.2d 882, 2000 N.D. LEXIS 46 (N.D. 2000).

The Department was unable to recover funds in CD’s which were part of recipient’s spouse’s estate and in which it could not establish the recipient’s legal interest, given that this section does not authorize recovery of benefits paid from the estate of a recipient’s spouse who predeceases the recipient, nor does it allow for recovery from the estate of a recipient’s spouse who predeceases the recipient beyond assets to which the recipient had legal title or interest. Redfield v. Bitterman, 2000 ND 217, 620 N.W.2d 570, 2000 N.D. LEXIS 270 (N.D. 2000).

State human services department was allowed to trace the assets of Medicaid recipient and to recover the benefits paid to that recipient even when the recipient’s surviving spouse died; accordingly, the trial court erred in dismissing the state human services department’s claim against the estate of decedent for Medicaid benefits it provided to her late husband, especially since the late husband transferred the proceeds of an annuity to her to qualify for Medicaid in the first place. Those proceeds were traceable because decedent had transferred them to her two sons upon learning that she was dying of cancer and that the state human services department might have a claim for reimbursement of the Medicaid benefits paid to her late husband. Bergman v. N.D. Dep't of Human Servs. (In re Estate of Bergman), 2004 ND 196, 688 N.W.2d 187, 2004 N.D. LEXIS 325 (N.D. 2004).

Funeral Expenses.

The fourteen hundred dollar limitation on the payment of funeral expenses set forth in this section controls over the general probate provisions of section 30.1-19-05(1). In re Estate of Tuntland, 364 N.W.2d 513, 1985 N.D. LEXIS 275 (N.D. 1985) (decided prior to the 1997 amendment which raised the cap on funeral expenses).

Decedent’s estate was a “decedent’s estate” for purposes of N.D.C.C. § 50-24.1-07(1) and the $3,000 limit for funeral expenses in subsection (a) was applicable to the decedent’s funeral expenses; the district court erred in approving the personal representative’s payment of $6,026.25 for funeral expenses. N.D. Dep't of Human Servs. v. Fisk (In re Estate of Fisk), 2010 ND 64, 780 N.W.2d 697, 2010 N.D. LEXIS 60 (N.D.), op. withdrawn, sub. op., 2010 ND 186, 788 N.W.2d 611, 2010 N.D. LEXIS 237 (N.D. 2010).

Decedent’s estate was a “decedent’s estate” for purposes of N.D.C.C. § 50-24.1-07(1), and the $3,000 limit for funeral expenses was applicable to her funeral expenses; the district court erred in approving the personal representative’s payment of $6,026.25 for her funeral expenses. N.D. Dep't of Human Servs. v. Fisk (In re Estate of Fisk), 2010 ND 186, 788 N.W.2d 611, 2010 N.D. LEXIS 237 (N.D. 2010).

Joint Tenancy Property.

District court erred in ruling that the Department of Human Services was entitled to 100 percent of the net sale proceeds from the sale of a decedent’s home to pay for medical assistance benefits previously received by his deceased spouse because the Department’s recovery from a deceased Medicaid recipient’s joint tenancy property was limited to the deceased recipient’s fractional interest in the property. In re Estate of Krueger, 2019 ND 42, 923 N.W.2d 475, 2019 N.D. LEXIS 44 (N.D. 2019).

Obligation Incurred.

It is not significant whether the obligation to repay medical assistance is regarded as a statutory creation, or as being quasi-contractual in nature; in either regard, the obligation to repay, if any, arises upon receipt of the benefits, i.e., prior to the decedent’s death. Although the Department of Human Services’ ability to enforce the claim was tolled until recipient’s death, the obligation was incurred by recipient during her lifetime. Feiner v. Mowbray (In re Estate of Hooey), 521 N.W.2d 85, 1994 N.D. LEXIS 176 (N.D. 1994).

Recovery of amounts of 1992 medical assistance benefits from surviving spouse of medical assistance beneficiary was not a retroactive application of the 1995 amendment to the statute; the obligation to repay medical assistance benefits received by the decedent arose when he received the benefits in 1992. North Dakota Dep't of Human Servs. v. Thompson, 1998 ND 226, 586 N.W.2d 847, 1998 N.D. LEXIS 225 (N.D. 1998).

Recovery Under Repealed Chapter.

The state was allowed to recover moneys paid to the decedent for old age assistance although the statute under which payment had been authorized, former chapter 50-24, was repealed, since the legislature specifically provided that the repeal of chapter 50-24 would not prevent the state from recovering from the estate of deceased recipients. In re Estate of Tuntland, 364 N.W.2d 513, 1985 N.D. LEXIS 275 (N.D. 1985).

DECISIONS UNDER PRIOR LAW

Funeral Expenses.

The fourteen hundred dollar limitation on the payment of funeral expenses set forth in this section controls over the general probate provisions of section 30.1-19-05(1). In re Estate of Tuntland, 364 N.W.2d 513, 1985 N.D. LEXIS 275 (N.D. 1985) (decided prior to the 1997 amendment which raised the cap on funeral expenses).

Law Reviews.

Note: How Far Is Too Far? Tracing Assets in Medicaid Estate Recovery, 79 N.D. L. Rev. 111 (2003).

North Dakota Supreme Court Review (In re Estate of Bergman), 81 N.D. L. Rev. 585 (2005).

50-24.1-08. Statute of limitations does not run.

The statute of limitations does not run against claims of the state of North Dakota for repayment of medical assistance provided under this chapter.

Source:

S.L. 1975, ch. 447, § 4.

Notes to Decisions

Automobile Accidents Where No-Fault Assigned Risk Plan Applicable.

Where, pursuant to chapter 50-24.1, state paid the costs of medical assistance provided needy persons injured in automobile accidents under circumstances which made the assigned risk plan of the no-fault law applicable, this section was applicable to stop the running of the statute of limitations against claims of the state for repayment of the medical assistance provided, notwithstanding the provisions of the no-fault law. State ex rel. Moug v. North Dakota Auto. Assigned Claims Plan, 322 N.W.2d 245, 1982 N.D. LEXIS 320 (N.D. 1982).

“Repayment.”

As used in this section, the term “repayment” is not limited to recoupment or recovery of payments from the claimant or his estate. State ex rel. Moug v. North Dakota Auto. Assigned Claims Plan, 322 N.W.2d 245, 1982 N.D. LEXIS 320 (N.D. 1982).

50-24.1-09. Reimbursement of long-term care facility — Limitation — Allowable costs. [Repealed]

Repealed by S.L. 1987, ch. 582, § 30.

50-24.1-10. Joint Medicaid payment account — Educationally related services. [Repealed]

Source:

S.L. 1989, ch. 11, § 4; repealed by 2019, ch. 408, § 39, effective July 1, 2019.

50-24.1-11. Joint Medicaid payment account — North Dakota vision services — school for the blind. [Repealed]

Source:

S.L. 1989, ch. 68, § 6; 2001, ch. 257, § 6; repealed by 2019, ch. 408, § 39, effective July 1, 2019.

50-24.1-12. Medical assistance — Services provided by psychologists.

Within the limits of legislative appropriations, the department shall provide medical assistance to eligible recipients for services provided by psychologists licensed under chapter 43-32.

Source:

S.L. 1991, ch. 513, § 1; 2019, ch. 408, § 21, effective July 1, 2019.

50-24.1-13. Provider reimbursement rates. [Repealed]

Source:

S.L. 1995, ch. 246, § 31; repealed by 2019, ch. 408, § 39, effective July 1, 2019.

50-24.1-14. Responsibility for expenditures.

Notwithstanding section 50-24.1-34, expenditures required under this chapter are the responsibility of the federal government or the state of North Dakota.

Source:

S.L. 1997, ch. 403, § 11; 2015, ch. 329, § 8, effective January 1, 2016; 2019, ch. 408, § 22, effective July 1, 2019.

50-24.1-15. Prehospital emergency medical services.

Medical assistance coverage must include prehospital emergency medical services benefits in the case of a medical condition that manifests itself by symptoms of sufficient severity which may include severe pain and which a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of medical attention to result in placing the person’s health in jeopardy, serious impairment of a bodily function, or serious dysfunction of any body part. A medical assistance claim that meets the prudent layperson standard of this section may not be denied by the department on the basis that the prehospital emergency medical services were not medically necessary or that a medical emergency did not exist.

Source:

S.L. 1999, ch. 427, § 2; 2005, ch. 425, § 1.

50-24.1-16. Reimbursement of ambulance services.

  1. Medical assistance coverage must include reimbursement of ambulance services for responding to calls to assist covered individuals which do not result in transport.
  2. For purposes of classifying ambulance services under this section:
    1. An emergency response is one that at the time the ambulance is called the ambulance responds immediately. An immediate response is one in which the ambulance begins as quickly as possible to take the steps necessary to respond to the call.
    2. An advanced life support assessment is an assessment performed by an advanced life support crew as part of an emergency response that was necessary because the patient’s reported condition at the time of the dispatch was such that only an advanced life support crew was qualified to perform the assessment. An advanced life support assessment does not necessarily result in a determination that the patient requires an advanced life support level of service.

Source:

S.L. 2001, ch. 247, § 3; 2015, ch. 193, § 3, effective August 1, 2015; 2019, ch. 408, § 23, effective July 1, 2019.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 193, S.L. 2015 became effective August 1, 2015.

50-24.1-16.1. Continuous glucose monitoring devices.

Medical assistance coverage, including Medicaid Expansion, must include coverage of a continuous glucose monitoring device for a covered individual.

Source:

S.L. 2021, ch. 370, § 1, effective August 1, 2021.

50-24.1-17. Medical assistance for breast or cervical cancer.

The department may provide medical assistance for individuals screened and found to have breast or cervical cancer in accordance with the federal Breast and Cervical Cancer Prevention and Treatment Act of 2000 [Pub. L. 106-354; 114 Stat. 1381; 42 U.S.C. 1396 a et seq.]. The department shall establish an income eligibility limit that may not exceed two hundred percent of the most recently revised poverty line published by the federal office of management and budget applicable to the household size.

Source:

S.L. 2001, ch. 426, § 1; 2003, ch. 425, § 1; 2019, ch. 408, § 24, effective July 1, 2019.

50-24.1-18. Personal care option — Residential habilitation — Community support services.

  1. The department shall implement personal care services.
  2. The department may implement residential habilitation and community support services in a residential setting or private residence that would allow for the delegation of administration of medication by an employee of a qualified service provider agency. The qualified service provider agency shall employ or contract with a licensed registered nurse to provide supervision to the employees of a qualified service provider agency who are administering routine medications. The employees of a qualified service provider agency shall complete department-approved training on the administration of routine medications before administering routine medications. The department shall adopt rules as are necessary to establish and govern residential habilitation and community support services in a residential setting or private residence.

Source:

S.L. 2001, ch. 427, § 1; 2019, ch. 405, § 6, effective August 1, 2019; 2019, ch. 408, § 25, effective July 1, 2019.

Note.

Section 50-24.1-18 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 25 of Chapter 408, Session Laws 2019, House Bill 1115; and Section 6 of Chapter 405, Session Laws 2019, House Bill 1099.

Section 8 of chapter 405, S.L. 2019 provides, “CONTINGENT IMPLEMENTATION - APPLICATION. The department of human services may not implement residential habilitation and community supports in section 6 of this Act unless the sixty-sixth legislative assembly provides an appropriation in Senate Bill No. 2012 to support the implementation of residential habilitation and community supports in section 6 of this Act.”

Section 7 of chapter 405, S.L. 2019 provides, “ IMPLEMENTATION CONTINGENT UPON APPROPRIATION - APPLICATION. The department of human services is not required to implement or enforce sections 1, 2, 3, 4, and 6 of this Act with respect to agency foster home for adults and administration of routine medication if the legislative assembly does not provide an appropriation to support the implementation and enforcement of sections 1, 2, 3, 4, and 6 of this Act.”

50-24.1-18.1. Consumer-directed health maintenance services — Residing at home. [Repealed]

Source:

S.L. 2003, ch. 422, § 2; 2005, ch. 426, § 1; 2007, ch. 425, § 1; 2019, ch. 408, § 26, effective July 1, 2019; repealed by 2021, ch. 12, § 35, effective July 1, 2021.

50-24.1-19. Oral maxillofacial services — Medical necessity. [Repealed]

Source:

S.L. 2001, ch. 428, § 1; repealed by 2019, ch. 408, § 39, effective July 1, 2019.

50-24.1-20. Home and community-based living — Choice of options.

Any aged or disabled individual who is eligible for home and community-based living must be allowed to choose, from among all service options available, the type of service that best meets that individual’s needs. To the extent permitted by any applicable waiver, the individual’s medical assistance funds must follow the individual for whichever service option the individual selects, not to exceed the cost of the service.

Source:

S.L. 2003, ch. 426, § 1; 2019, ch. 408, § 27, effective July 1, 2019.

50-24.1-21. Department to submit plans and seek waivers. [Repealed]

Repealed by S.L. 2007, ch. 421, § 3.

Effective Date.

The repeal of this section by section 3 of chapter 421, S.L. 2007 became effective March 2, 2007, pursuant to an emergency clause in section 4 of chapter 421, S.L. 2007.

50-24.1-22. Long-term care facility information. [Repealed]

Source:

S.L. 2005, ch. 431, § 1; repealed by 2019, ch. 408, § 39, effective July 1, 2019.

50-24.1-23. Long-term care facility resident — Medical assistance eligibility.

An individual is not ineligible for medical assistance if application of disqualifying transfer provisions would deprive the individual of nursing care and services and the individual makes a satisfactory showing that:

  1. For periods after the return, all income or assets constituting the disqualifying transfer have been transferred or assigned back to the individual and the individual is otherwise eligible for medical assistance; or
  2. Compensation equal to the fair market value of the income or asset at time of transfer is paid to, or on behalf of, the individual for nursing care and services provided by a long-term care facility and the individual is otherwise eligible for medical assistance.

Source:

S.L. 2005, ch. 431, § 1.

50-24.1-24. Provider appeals — Definitions.

  1. For purposes of this section:
    1. “Denial of payment” means that the department has denied payment for a medical assistance claim or reduced the level of service payment for a service provided to an individual who was an eligible medical assistance recipient at the time the service was provided or the recoupment or adjustment of a claim, or part of a claim, following an audit or review.
    2. “Provider” means an individual, entity, or facility that furnishes medical or remedial services or supplies pursuant to a provider agreement with the department or a third-party billing agency of the provider.
  2. A provider may request a review of denial of payment under this section by filing a written request for review with the department within thirty days of the date of the department’s denial of payment. The written request for review must include the remittance advice or the notice of recoupment or adjustment and a statement of each disputed item with the reason or basis for the dispute. A provider may not request review under this section of the rate paid for a particular service or for a full or partial denial, recoupment, or adjustment of a claim due to required federal or state changes, payment system defects, or improper claims submission.
  3. Within thirty days after requesting a review, a provider shall provide to the department all documents, written statements, exhibits, and other written information that support the provider’s request for review, together with a computation and the dollar amount that reflects the provider’s claim as to the correct computation and dollar amount for each disputed item.
  4. The department shall assign to a provider’s request for review someone other than any individual who was involved in the initial denial of the claim. A provider who has requested review may contact the department for an informal conference regarding the review anytime before the department has issued its final decision.
  5. The department shall make and issue a final decision within seventy-five days of receipt of the notice for review, if the department has denied payment for a medical assistance claim or reduced the level of service payment for a service. The department shall make and issue a decision within seventy-five days, or as soon thereafter as possible, of receipt of the notice of request for review, if the department has recouped or adjusted a claim, or part of a claim, following an audit. The department’s final decision must conform to the requirements of section 28-32-39. A provider may appeal the final decision of the department to the district court in the manner provided in section 28-32-42, and the district court shall review the department’s final decision in the manner provided in section 28-32-46. The judgment of the district court in an appeal from a request for review may be reviewed in the supreme court on appeal by any party in the same manner as provided in section 28-32-49.
  6. Upon receipt of notice that the provider has appealed its final decision to the district court, the department shall make a record of all documents, written statements, exhibits, and other written information submitted by the provider or the department in connection with the request for review and the department’s final decision on review, which constitutes the entire record. Within thirty days after an appeal has been taken to district court as provided in this section, the department shall prepare and file in the office of the clerk of the district court in which the appeal is pending the original and a certified copy of the entire record, and that record must be treated as the record on appeal for purposes of section 28-32-44.

Source:

S.L. 2005, ch. 425, § 2; 2019, ch. 408, § 28, effective July 1, 2019.

Notes to Decisions

Fair Hearing.

Appellant not established it did not receive a fair hearing as the result of inadequate notice of the issues; information about diagnosis, medical necessity, and length of need was submitted, but not on the specific documents required, and thus appellant failed to properly document the claims, and the final decision and audit were consistent in the reason given for denying the claims. St. Alexius Med. Ctr. v. N.D. Dep't of Human Servs., 2018 ND 36, 906 N.W.2d 343, 2018 N.D. LEXIS 37 (N.D. 2018).

No Systemic Disregard.

There was no evidence that the department misread or ignored the statute or that it continued to disregard the law despite instruction from the court to the contrary; the department's conduct had not yet risen to the level of systemic disregard of the law and reversal was not warranted as a sanction at this time in this case. Sanford HealthCare Access., LLC v. N.D. Dep't of Human Servs., 2018 ND 35, 906 N.W.2d 336, 2018 N.D. LEXIS 36 (N.D. 2018).

Review.

Although the legislature has directed the Department of Human Services to issue its final decision to conform to the requirements of the Administrative Agencies Practices Act (AAPA), the legislature also provided a procedural process for a review of provider appeals, and the procedure to follow is the more specific procedure; appellant was entitled to be provided with the administrative review provided in the specific statute in this Medicaid overpayment case, and the absence of a hearing in compliance with the AAPA did not require reversal of the Department's determination. St. Alexius Med. Ctr. v. N.D. Dep't of Human Servs., 2018 ND 36, 906 N.W.2d 343, 2018 N.D. LEXIS 37 (N.D. 2018).

Time Limit Not Mandatory.

Seventy-five day time limit is directory, not mandatory, and the Department of Human Services' failure to issue a decision within 75-days does not terminate the Department's subject matter jurisdiction; because the statutory time requirement does not control subject matter jurisdiction, appellant waived the issue by failing to raise it in its specification of errors and before the district court. St. Alexius Med. Ctr. v. N.D. Dep't of Human Servs., 2018 ND 36, 906 N.W.2d 343, 2018 N.D. LEXIS 37 (N.D. 2018).

Time Requirement Directory.

Statute applies to cases where the Department of Human Resources is seeking recoupment for payments previously made after an audit determined the payment was an overpayment, but it also applies to other cases where a provider's claim has been denied before any payment is made; if the 75-day time period is mandatory, providers may be deprived of review of the Department's prior decision denying payment in cases that do not involve recoupment, which could lead to harsh or unfair consequences, and therefore the statutory time requirement for the Department to issue its final decision is directory. Sanford HealthCare Access., LLC v. N.D. Dep't of Human Servs., 2018 ND 35, 906 N.W.2d 336, 2018 N.D. LEXIS 36 (N.D. 2018).

Because the statutory time requirement is directory, appellant was required to establish actual prejudice, and the district court was required to apply the balancing test to determine whether the department's failure to comply with the time requirement invalidated its final order; in requiring the department to prove good cause for exceeding the time requirement, the district court did not apply the correct test, which was error. Sanford HealthCare Access., LLC v. N.D. Dep't of Human Servs., 2018 ND 35, 906 N.W.2d 336, 2018 N.D. LEXIS 36 (N.D. 2018).

50-24.1-25. Operating costs for developmental disabilities service providers. [Repealed]

Source:

S.L. 2005, ch. 427, § 1; repealed by 2019, ch. 408, § 39, effective July 1, 2019.

50-24.1-26. Medicaid waivers — In-home services.

The department shall administer Medicaid waivers to provide in-home services to children with extraordinary medical needs and to children up to the age of sixteen diagnosed with an autism spectrum disorder who would otherwise meet institutional level of care. The department may prioritize applicants for the waiver for children with extraordinary medical needs by degree of need.

Source:

S.L. 2005, ch. 417, § 3; 2019, ch. 408, § 29, effective July 1, 2019; 2021, ch. 371, § 1, effective August 1, 2021.

50-24.1-27. Medical assistance program management. [Repealed]

Source:

S.L. 2005, ch. 413, § 2; repealed by 2019, ch. 408, § 39, effective July 1, 2019.

50-24.1-28. Medical assistance and Medicare prescription drug management program.

The department may not pay for:

  1. A prescription drug that is within a class of drugs covered under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 [Pub. L. 108-173; 117 Stat. 2066; 42 U.S.C. 1396kk-1] and which is prescribed to a medical assistance recipient who is also a Medicare beneficiary.
  2. A prescription drug that is not covered and for which no drug in its class is covered under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 [Pub. L. 108-173; 117 Stat. 2066; 42 U.S.C. 1396kk-1] and which is prescribed for an individual who is a medical assistance recipient and a Medicare beneficiary unless federal medical assistance matching funds are available at no less than the federal medical assistance percentage and the department determines that the drug is medically necessary for the individual.

Source:

S.L. 2005, ch. 428, § 1; 2019, ch. 408, § 30, effective July 1, 2019.

50-24.1-28.1. Pharmacy management program.

The department shall establish a pharmacy management program to be used by the medical assistance program for Medicaid expansion for prescription drug coverage. The department shall process claims through the department’s existing pharmacy claims system and Medicaid management information system and provide the contracted managed care plan with a daily pharmacy claims file for Medicaid expansion recipients.

Source:

S.L. 2019, ch. 464, § 1, effective January 1, 2020.

50-24.1-29. Insurers to provide certain information to the department. [Effective through August 31, 2022]

  1. For purposes of this section:
    1. “Department” means the department of human services or its agent.
    2. “Health insurer” includes self-insured plans, group health plans as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1167(1)], service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that legally are responsible by statute, contract, or agreement for payment of a claim for a health care item or service.
  2. As a condition of doing business in this state, health insurers shall provide to the department upon its request and in a manner prescribed by the department information about individuals who are eligible for medical assistance so the department may determine during what period the individual or the individual’s spouse or dependents may be or may have been covered by a health insurer and the nature of the coverage provided by the health insurer, including the name, address, and identifying number of the plan. Notwithstanding any other provision of law, every health insurer, not more frequently than twelve times in a year, shall provide to the department upon its request information, including automated data matches conducted under the direction of the department, as necessary, to:
    1. Identify individuals covered under the insurer’s health benefit plans who are also recipients of medical assistance;
    2. Determine the period during which the individual or the individual’s spouse or the individual’s dependents may be or may have been covered by the health benefit plan; and
    3. Determine the nature of the coverage.
  3. To facilitate the department in obtaining the information required by this section, a health insurer shall:
    1. Cooperate with the department to determine whether a medical assistance recipient may be covered under the insurer’s health benefit plan and is eligible to receive benefits under the health benefit plan for services provided under the medical assistance program.
    2. Respond to the request for information within ninety days after receipt of written proof of loss or claim for payment for health care services provided to a recipient of medical assistance who is covered by the insurer’s health benefit plan.
    3. Accept the department’s right of recovery and the assignment to the department of any right of an individual or other entity to payment from a liable third party for an item or service for which payment has been made under the state medical assistance plan.
    4. Respond to any inquiry by the department regarding a claim for payment for any health care item or service that is submitted no later than three years after the date of the provision of the health care item or service.
    5. Agree not to deny a claim submitted by the department solely on the basis of the date of submission of the claim, the type of format of the claim form, or a failure to present proper documentation at the point of sale that is the basis of the claim if:
      1. The claim is submitted by the department within the three-year period beginning on the date on which the item or service was furnished; and
      2. Any action by the department to enforce its rights with respect to such claim is commenced within six years of the department’s submission of the claim.
  4. A health insurer is prohibited, in enrolling an individual or on the individual’s behalf, from taking into account that the individual is eligible for or is provided medical assistance.
  5. The department may not use or disclose any information provided by the insurer other than as permitted or required by law. The insurer may not be held liable for the release of insurance information to the department or a department agent if the release is authorized under this section.

The insurer must provide the information required in this subsection to the department at no cost if the information is in a readily available structure or format. If the department requests the information in a structure or format that is not readily available, the insurer may charge a reasonable fee for providing the information, not to exceed the actual cost of providing the information.

Source:

S.L. 2007, ch. 426, § 1; 2019, ch. 408, § 31, effective July 1, 2019.

Effective Date.

This section became effective March 8, 2007, pursuant to an emergency clause in section 2 of chapter 426, S.L. 2007.

50-24.1-29. Insurers to provide certain information to the department. [Effective September 1, 2022]

  1. For purposes of this section:
    1. “Department” means the department of health and human services or its agent.
    2. “Health insurer” includes self-insured plans, group health plans as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1167(1)], service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that legally are responsible by statute, contract, or agreement for payment of a claim for a health care item or service.
  2. As a condition of doing business in this state, health insurers shall provide to the department upon its request and in a manner prescribed by the department information about individuals who are eligible for medical assistance so the department may determine during what period the individual or the individual’s spouse or dependents may be or may have been covered by a health insurer and the nature of the coverage provided by the health insurer, including the name, address, and identifying number of the plan. Notwithstanding any other provision of law, every health insurer, not more frequently than twelve times in a year, shall provide to the department upon its request information, including automated data matches conducted under the direction of the department, as necessary, to:
    1. Identify individuals covered under the insurer’s health benefit plans who are also recipients of medical assistance;
    2. Determine the period during which the individual or the individual’s spouse or the individual’s dependents may be or may have been covered by the health benefit plan; and
    3. Determine the nature of the coverage.
  3. To facilitate the department in obtaining the information required by this section, a health insurer shall:
    1. Cooperate with the department to determine whether a medical assistance recipient may be covered under the insurer’s health benefit plan and is eligible to receive benefits under the health benefit plan for services provided under the medical assistance program.
    2. Respond to the request for information within ninety days after receipt of written proof of loss or claim for payment for health care services provided to a recipient of medical assistance who is covered by the insurer’s health benefit plan.
    3. Accept the department’s right of recovery and the assignment to the department of any right of an individual or other entity to payment from a liable third party for an item or service for which payment has been made under the state medical assistance plan.
    4. Respond to any inquiry by the department regarding a claim for payment for any health care item or service that is submitted no later than three years after the date of the provision of the health care item or service.
    5. Agree not to deny a claim submitted by the department solely on the basis of the date of submission of the claim, the type of format of the claim form, or a failure to present proper documentation at the point of sale that is the basis of the claim if:
      1. The claim is submitted by the department within the three-year period beginning on the date on which the item or service was furnished; and
      2. Any action by the department to enforce its rights with respect to such claim is commenced within six years of the department’s submission of the claim.
  4. A health insurer is prohibited, in enrolling an individual or on the individual’s behalf, from taking into account that the individual is eligible for or is provided medical assistance.
  5. The department may not use or disclose any information provided by the insurer other than as permitted or required by law. The insurer may not be held liable for the release of insurance information to the department or a department agent if the release is authorized under this section.

The insurer must provide the information required in this subsection to the department at no cost if the information is in a readily available structure or format. If the department requests the information in a structure or format that is not readily available, the insurer may charge a reasonable fee for providing the information, not to exceed the actual cost of providing the information.

Source:

S.L. 2007, ch. 426, § 1; 2019, ch. 408, § 31, effective July 1, 2019; 2021, ch. 352, § 450, effective September 1, 2022.

50-24.1-30. Third-party liability recovery.

  1. The department shall seek recovery of reimbursement from a third party up to the full amount of medical assistance paid.
  2. A medical assistance recipient shall inform the department of any rights the recipient has to third-party benefits and shall inform the department of the name and address of any individual, entity, or program that is or may be liable to provide third-party benefits.
  3. A release or satisfaction of a cause of action, suit, claim, counterclaim, demand, judgment, settlement, or settlement agreement is not valid or effectual as against a claim created under this chapter unless the department joins in the release or satisfaction or executes a release of its claim.
  4. The department shall recover the full amount of all medical assistance provided on behalf of a recipient to the full extent of third-party benefits received by the recipient or the department for medical expenses. The department shall recover the third-party benefits directly from any third party or from the recipient or legal representative, if the recipient or legal representative has received third-party benefits, up to the amount of medical assistance provided to the recipient.
  5. An applicant for or recipient of medical assistance shall cooperate in the recovery of third-party benefits.
  6. To enforce its rights to third-party benefits, the department may institute, intervene in, or join any legal or administrative proceeding in its own name.
    1. If either the recipient or the department brings an action against a third party, the recipient or the department must provide to the other within thirty days after commencing the action written notice by personal delivery or registered mail of the action, the name of the court in which the case is brought, the case number of such action, and a copy of the pleadings. If either the department or the recipient brings an action, the other may become a party to or may consolidate an action brought independently with the other.
    2. A judgment, award, or settlement of a claim in an action by a recipient to recover damages for injuries or other third-party benefits in which the department has an interest may not be satisfied or released without first giving the department notice and a reasonable opportunity to file and satisfy its claim or proceed with any action as otherwise permitted by law.
  7. Any transfer or encumbrance of any right, title, or interest to which the department has a right with the intent, likelihood, or practical effect of defeating, hindering, or reducing recovery by the department for reimbursement of medical assistance provided to a recipient is void and of no effect against the claim of the department.
  8. A recipient who has notice or who has actual knowledge of the department’s rights to third-party benefits who receives any third-party benefit or proceeds for a covered illness or injury is either required to pay the department within sixty days after receipt of settlement proceeds the full amount of the third-party benefits up to the total medical assistance provided or to place a sum equal to the full amount of the total medical assistance provided in a trust account pending judicial or administrative determination of the department’s right to the third-party benefits.
  9. Notwithstanding any provision in this section to the contrary, the department is not required to seek reimbursement from, or may reduce or compromise a claim against, a liable third party on claims for which the amount it reasonably expects to recover will be less than the cost of recovery or for which recovery efforts will not be cost-effective. Cost-effectiveness is determined based on the following:
    1. Actual and legal issues of liability as may exist between the recipient and the liable party;
    2. Total funds available for settlement; and
    3. An estimate of the cost to the department of pursuing its claim.

Source:

S.L. 2007, ch. 427, § 1; 2019, ch. 408, § 32, effective July 1, 2019.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 130, S.L. 2015 became effective July 1, 2015.

50-24.1-31. Optional medical assistance for families of children with disabilities.

  1. The department shall establish and implement a buyin program under the federal Family Opportunity Act enacted as part of the Deficit Reduction Act of 2005 [Pub. L. 109-171; 120 Stat. 4; 42 U.S.C. 1396] to provide medical assistance and other health coverage options to families of children with disabilities and whose net income does not exceed two hundred fifty percent of the federal poverty line published by the federal office of management and budget applicable to the household size.
  2. The department may not require the payment of a premium or disenroll an individual for failure to pay a premium for families of children with disabilities coverage during a federally declared emergency if collection of the premium may impact the receipt of federal funds.

Source:

S.L. 2007, ch. 428, § 1; 2019, ch. 37, § 6, effective August 1, 2019; 2019, ch. 408, § 33, effective July 1, 2019; 2021, ch. 12, § 31, effective May 10, 2021.

Effective Date.

This section became effective July 1, 2007.

Note.

Section 50-24.1-31 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 33 of Chapter 408, Session Laws 2019, House Bill 1115; and Section 6 of Chapter 37, Session Laws 2019, Senate Bill 2012.

50-24.1-32. Medical assistance — Services provided by physician assistants and advanced practice registered nurses.

The medical assistance program must recognize physician assistants and advanced practice registered nurses with the roles of nurse practitioner or certified nurse midwife as primary care providers with the same rights and responsibilities given primary care physicians under the medical assistance program. Any care provided by the physician assistant or advanced practice registered nurse with the roles of nurse practitioner or certified nurse midwife as a primary care provider under the medical assistance program must be within the scope of the physician assistant’s or advanced practice registered nurse’s respective license.

Source:

S.L. 2009, ch. 429, § 1; 2013, ch. 379, § 1; 2021, ch. 371, § 2, effective August 1, 2021.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 379, S.L. 2013 becomes effective on the date the director of the department of human services certifies to the secretary of state and the legislative council that the department has completed implementation of the medicaid management information system

This section became effective August 1, 2009.

50-24.1-33. Brain injury — Home and community-based services — Quality control.

  1. As part of the personal care services program for eligible medical assistance recipients and as part of the department’s services for eligible disabled and elderly individuals, the department shall provide home and community-based services to individuals who have a brain injury and meet the functional eligibility criteria for receipt of services.
  2. The department shall conduct quality control activities and make training available to case managers and other persons providing services to individuals under this section.

Source:

S.L. 2009, ch. 418, § 7; 2015, ch. 334, § 9, effective August 1, 2015; 2019, ch. 408, § 34, effective July 1, 2019.

Effective Date.

The 2015 amendment of this section by section 9 of chapter 334, S.L. 2015 became effective August 1, 2015.

This section became effective July 1, 2009.

50-24.1-34. Processing of claims submitted on behalf of inmates. [Effective through August 31, 2022]

The department of human services shall process claims submitted by enrolled medical providers on behalf of inmates at county jails. Each county shall pay the department for the paid amount for the claims processed and also a processing fee for each claim submission. The department may establish a processing fee that may not exceed fifty dollars and shall update the fee annually on July first. The processing fee must be based on the actual costs to the department of the claims processing operations divided by the annual volume of claims submitted. The department shall invoice each county for payment of the processing fee.

Source:

S.L. 2011, ch. 91, § 5; 2019, ch. 408, § 35, effective July 1, 2019.

50-24.1-34. Processing of claims submitted on behalf of inmates. [Effective September 1, 2022]

The department of health and human services shall process claims submitted by enrolled medical providers on behalf of inmates at county jails. Each county shall pay the department for the paid amount for the claims processed and also a processing fee for each claim submission. The department may establish a processing fee that may not exceed fifty dollars and shall update the fee annually on July first. The processing fee must be based on the actual costs to the department of the claims processing operations divided by the annual volume of claims submitted. The department shall invoice each county for payment of the processing fee.

Source:

S.L. 2011, ch. 91, § 5; 2019, ch. 408, § 35, effective July 1, 2019; 2021, ch. 352, § 451, effective September 1, 2022.

50-24.1-35. Department to expand Medicaid coverage.

The department shall ensure Medicaid coverage includes Medicaid-covered services provided to an inmate of the department of corrections and rehabilitation or a county jail who would be eligible for Medicaid if the inmate were not incarcerated and who is admitted to an inpatient setting.

Source:

S.L. 2011, ch. 91, § 5; 2019, ch. 408, § 36, effective July 1, 2019.

Note.

Section 8 of chapter 91, S.L. 2011 provides: “EFFECTIVE DATE. Section 5 of this Act (§§ 50-24.1-34 and 50-24.1-35) becomes effective upon the completion of the necessary changes to the department of human services’ medicaid claims processing and eligibility systems.”

50-24.1-36. Civil sanction — Costs recoverable — Interest — Appeals.

  1. For purposes of this section:
    1. “Affiliate” means a person having an overt or covert relationship each with another person in a manner that one person directly or indirectly controls or has the power to control another.
    2. “Provider” means any individual or entity furnishing Medicaid services under a provider agreement with the department.
  2. A provider, an affiliate of a provider, or any combination of provider and affiliates, is liable to the department for up to twenty-five percent of the amount the department was induced to pay as a result of each act of fraud or abuse. This sanction is in addition to the applicable rules established by the department.
  3. A provider, an affiliate of a provider, or any combination of provider and affiliates, is liable to the department for up to five thousand dollars on each act of fraud or abuse which did not induce the department to make an erroneous payment. This sanction is in addition to the applicable rules established by the department.
  4. A provider, an affiliate of a provider, or any combination of provider and affiliates, that is assessed a civil sanction by the department also shall reimburse the department investigation fees, costs, and expenses for any investigation and action brought under this section.
  5. Unless otherwise provided in a judgment entered against a provider or against an affiliate of the provider, overpayments and sanctions accrue interest at the legal rate beginning thirty days after the department provides written notice to the provider or the affiliate of the provider.
    1. A provider or an affiliate of a provider who is assessed a sanction may request a review of the sanction by filing within thirty days of the date of the department’s notice of sanction a written notice with the department which includes a statement of each disputed item and the reason or basis for the dispute.
    2. A provider or an affiliate of a provider may not request review under this section if the sanction imposed is termination or suspension and the notice of sanction states that the basis for the sanction is either:
      1. The provider’s or affiliate’s failure to meet standards of licensure, certification, or registration where those standards are imposed by state or federal law as a condition to participation in the Medicaid program; or
      2. The provider or affiliate has been similarly sanctioned by the Medicare program or by another state’s Medicaid program.
    3. Within thirty days after requesting a review, a provider or affiliate shall provide to the department all documents, written statements, exhibits, and other written information that supports the request for review.
    4. The department shall assign a provider’s or affiliate’s request for review to someone other than an individual who was involved in imposing the sanction. A provider or affiliate who has requested review may contact the department for an informal conference regarding the review any time before the department has issued its final decision.
    5. The department shall make and issue its final decision within seventy-five days of receipt of the notice of request for review. The department’s final decision must conform to the requirements of section 28-32-39. A provider or affiliate may appeal the final decision of the department to the district court in the manner provided in section 28-32-42, and the district court shall review the department’s final decision in the manner provided in section 28-32-46. The judgment of the district court in an appeal from a request for review may be reviewed in the supreme court on appeal by any party in the same manner as provided in section 28-32-49.
    6. Upon receipt of notice that the provider or affiliate has appealed its final decision to the district court, the department shall make a record of all documents, written statements, exhibits, and other written information submitted by the provider, affiliate, or the department in connection with the request for review and the department’s final decision on review, which constitutes the entire record. Within thirty days after an appeal has been taken to district court as provided in this section, the department shall prepare and file in the office of the clerk of the district court in which the appeal is pending the original and a certified copy of the entire record, and that record must be treated as the record on appeal for purposes of section 28-32-44.
  6. Determinations of medical necessity may not lead to imposition of remedies, duties, prohibitions, and sanctions under this section.
  7. The remedies, duties, prohibitions, and sanctions of this section are not exclusive and are in addition to all other causes of action, remedies, penalties, and sanctions otherwise provided by law or by provider agreement.
  8. The state’s share of all civil sanctions, investigation fees, costs, expenses, and interest received by the department under this section must be deposited into the general fund.

Source:

S.L. 2013, ch. 380, § 1; 2019, ch. 408, § 37, effective July 1, 2019.

Effective Date.

This section became effective August 1, 2013.

50-24.1-37. Medicaid expansion — Legislative management report. [Effective January 1, 2022; Contingent repeal — See note]

  1. The department of human services shall expand medical assistance coverage as authorized by the federal Patient Protection and Affordable Care Act [Pub. L. 111-148], as amended by the Health Care and Education Reconciliation Act of 2010 [Pub. L. 111-152] to individuals under sixty-five years of age with income below one hundred thirty-eight percent of the federal poverty line published by the federal office of management and budget applicable to the household size.
  2. The department shall inform new enrollees in the medical assistance expansion program that benefits may be reduced or eliminated if federal participation decreases or is eliminated.
  3. Except for pharmacy services and coverages for individuals ages nineteen and twenty, the department shall implement the expansion by bidding through private carriers or utilizing the health insurance exchange.
  4. The contract between the department and the private carrier must provide the department with full access to provider reimbursement rates. The department shall consider provider reimbursement rate information in selecting a private carrier under this section. Before August first of each even-numbered year, the department shall submit a report to the legislative management regarding provider reimbursement rates under the medical assistance expansion program.
  5. Provider reimbursement rate information received by the department under this section is an open record.

Source:

S.L. 2013, ch. 381, § 1; 2015, ch. 341, § 1, effective August 1, 2015; 2017, ch. 11, § 38, effective July 1, 2017; 2019, ch. 37, § 7, effective July 1, 2019; 2019, ch. 37, § 8, effective January 1, 2020; 2021, ch. 12, § 32, effective July 1, 2021; 2021, ch. 12, § 33, effective January 1, 2022.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 341, S.L. 2015 became effective August 1, 2015.

This section becomes effective on January 1, 2014.

Note.

Section 50-24.1-37 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1 , the section is printed above to harmonize and give effect to the changes made in Section 32 of Chapter 12, Session Laws 2021, House Bill 1012; and Section 33 of Chapter 12, Session Laws 2021, House Bill 1012.

Section 41 of chapter 11, S.L. 2017, provides, “CONTINGENT EFFECTIVE DATE. Section 40 of this Act becomes effective if the executive director of the department of human services certifies to the secretary of state and the legislative council the federal government ended the medical assistance expansion program.”

50-24.1-38. Health-related services — Licensed emergency medical services personnel. [Effective through August 31, 2022]

  1. Medical assistance must cover services provided by community emergency medical services personnel, and other similarly licensed personnel who are licensed or certified under section 23-27-04.3, if the services are provided to an eligible recipient as defined by rule. Community emergency medical services personnel services may include health assessment, chronic disease monitoring and education, immunizations and vaccinations, laboratory specimen collection, followup care, comprehensive health and safety assessment, wound management, assess and report compliance with established care plan, medication management, and other interventions within the scope of practice for each licensure level as approved by a supervising physician, physician assistant, or advanced practice registered nurse.
  2. The department of human services shall adopt rules governing payments to licensed community emergency medical services personnel, advanced emergency medical technicians, and emergency medical technicians for health-related services provided to recipients of medical assistance, subject to necessary limitations and exclusions. A physician, a physician assistant, or an advanced practice registered nurse must supervise any care provided by a licensed community emergency medical services personnel, an advanced emergency medical technician, or an emergency medical technician.

History. S.L. 2015, ch. 342, § 1, effective August 1, 2015; 2021, ch. 207, § 5, effective August 1, 2021; 2021, ch. 352, § 453, effective September 1, 2022.

Effective Date.

This section became effective August 1, 2015.

Note.

Section 50-24.1-38 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 5 of Chapter 207, Session Laws 2021, Senate Bill 2133; and Section 453 of Chapter 352, Session Laws 2021, House Bill 1247.

50-24.1-38. Health-related services — Licensed emergency medical services personnel. [Effective September 1, 2022]

  1. Medical assistance must cover services provided by community emergency medical services personnel, and other similarly licensed personnel who are licensed or certified under section 23-27-04.3, if the services are provided to an eligible recipient as defined by rule. Community emergency medical services personnel services may include health assessment, chronic disease monitoring and education, immunizations and vaccinations, laboratory specimen collection, followup care, comprehensive health and safety assessment, wound management, assess and report compliance with established care plan, medication management, and other interventions within the scope of practice for each licensure level as approved by a supervising physician, physician assistant, or advanced practice registered nurse.
  2. The department shall adopt rules governing payments to licensed community emergency medical services personnel, advanced emergency medical technicians, and emergency medical technicians for health-related services provided to recipients of medical assistance, subject to necessary limitations and exclusions. A physician, a physician assistant, or an advanced practice registered nurse must supervise any care provided by a licensed community emergency medical services personnel, an advanced emergency medical technician, or an emergency medical technician.

History. S.L. 2015, ch. 342, § 1, effective August 1, 2015; 2021, ch. 207, § 5, effective August 1, 2021; 2021, ch. 352, § 453, effective September 1, 2022.

50-24.1-39. Behavioral health services — Licensed marriage and family therapists.

Beginning January 1, 2016, the department shall allow licensed marriage and family therapists to enroll and be eligible for payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department determines necessary.

History. S.L. 2015, ch. 343, § 1, effective August 1, 2015; 2019, ch. 408, § 38, effective July 1, 2019.

Effective Date.

This section became effective August 1, 2015.

50-24.1-40. Medical assistance — Tribal health care coordination agreements — Continuing appropriation — Report to legislative management. [Effective through August 31, 2022 — Contingent repeal — See note]

  1. As used in this section:
    1. “Care coordination agreement” means an agreement between a health care provider and tribal health care organization which will result in one hundred percent federal funding for eligible medical assistance provided to an American Indian.
    2. “Tribal health care organization” means Indian health services or a tribal entity providing health care under the federal Indian Self-Determination and Education Assistance Act of 1975 [Pub. L. 93-638; 88 Stat. 2203; 25 U.S.C. 5301 et seq.].
  2. The department of human services shall facilitate care coordination agreements. Of any federal funding received in excess of the state’s regular share of federal medical assistance funding which results from care coordination agreements, the department shall deposit eighty percent in the tribal health care coordination fund and twenty percent in the general fund.
  3. There is created in the state treasury a tribal health care coordination fund.
    1. Moneys in the fund are appropriated to the department on a continuing basis for distribution to a tribal government in accordance with an agreement between the department and a tribal government. The agreement between the department and a tribal government must require the tribe to:
      1. Use the money distributed under this section for purposes related to the ten essential services of public heath identified by the federal centers for disease control and prevention and the development or enhancement of community health representative programs or services; however, through June 30, 2025, no more than fifty percent, and thereafter, no more than thirty-five percent, may be used for capital construction.
      2. Submit to the department annual reports detailing the use of the money distributed under this section.
      3. Submit to the department every two years an audit report, conducted by an independent licensed certified public accountant, of the tribal government use of the money distributed under this section. A tribal government may use money distributed under this section to pay for this audit report. At the discretion of a tribal government, an audit may be conducted more often than every two years.
    2. The distribution of moneys from the fund to a tribal government must be in proportion to the federal funding received from care coordination agreement requests for services originating from within that tribal nation.
    3. At least annually, upon completion of any auditing and verification actions of the department, the department shall distribute moneys from the fund to the tribal government.
    4. If a tribal government fails to file with the department a timely annual report or audit report, the department shall withhold distribution of moneys from the fund to the tribal government until the report is filed.
    5. If an audit report or the department’s review of the annual report finds a tribal government used moneys distributed from the fund for a purpose inconsistent with this section, the department shall withhold future distributions to that tribal government in an amount equal to the money used improperly. The department shall distribute money withheld from a tribal government under this subdivision if a future audit report indicates moneys distributed from the fund are used for purposes consistent with this section.
  4. Before August of each even-numbered year, the department shall compile and summarize the annual reports and audit reports from the participating tribal governments data and provide the legislative management with a biennial report on the fund. Each participating tribe shall compile data and provide the legislative management with a biennial report on the tribe’s use of money distributed from the fund.

Source:

S.L. 2019, ch. 410, § 1, effective May 2, 2019; 2021, ch. 372, § 1, effective July 1, 2021; 2021, ch. 352, § 454, effective September 1, 2022.

Note.

Section 50-24.1-40 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.11, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 372, Session Laws 2021, House Bill 1407; (contingent repeal) Section 2 of Chapter 372, Session Laws 2021, House Bill 1407; and Section 454 of Chapter 352, Session Laws 2021, House Bill 1247.

Section 50-24.1-40 was enacted 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the enactment of Section 1 of Chapter 410, Session Laws 2019, House Bill 1194 over Section 1 of Chapter 411, Session Laws 2019, House Bill 1515.

Section 4 of chapter 372, S.L. 2021, provides, “ CONTINGENT EFFECTIVE DATE. Section 2 of this Act becomes effective on January 3, 2023, if the executive director of the department of human services certifies to the secretary of state and to the legislative council that by December 31, 2022, no care coordination agreements have been facilitated under section 50-24.1-40.”

50-24.1-40. Medical assistance — Tribal health care coordination agreements — Continuing appropriation — Report to legislative management. [Effective September 1, 2022 — Contingent repeal — See note]

  1. As used in this section:
    1. “Care coordination agreement” means an agreement between a health care provider and tribal health care organization which will result in one hundred percent federal funding for eligible medical assistance provided to an American Indian.
    2. “Tribal health care organization” means Indian health services or a tribal entity providing health care under the federal Indian Self-Determination and Education Assistance Act of 1975 [Pub. L. 93-638; 88 Stat. 2203; 25 U.S.C. 5301 et seq.].
  2. The department shall facilitate care coordination agreements. Of any federal funding received in excess of the state’s regular share of federal medical assistance funding which results from care coordination agreements, the department shall deposit eighty percent in the tribal health care coordination fund and twenty percent in the general fund.
  3. There is created in the state treasury a tribal health care coordination fund.
    1. Moneys in the fund are appropriated to the department on a continuing basis for distribution to a tribal government in accordance with an agreement between the department and a tribal government. The agreement between the department and a tribal government must require the tribe to:
      1. Use the money distributed under this section for purposes related to the ten essential services of public heath identified by the federal centers for disease control and prevention and the development or enhancement of community health representative programs or services; however, through June 30, 2025, no more than fifty percent, and thereafter, no more than thirty-five percent, may be used for capital construction.
      2. Submit to the department annual reports detailing the use of the money distributed under this section.
      3. Submit to the department every two years an audit report, conducted by an independent licensed certified public accountant, of the tribal government use of the money distributed under this section. A tribal government may use money distributed under this section to pay for this audit report. At the discretion of a tribal government, an audit may be conducted more often than every two years.
    2. The distribution of moneys from the fund to a tribal government must be in proportion to the federal funding received from care coordination agreement requests for services originating from within that tribal nation.
    3. At least annually, upon completion of any auditing and verification actions of the department, the department shall distribute moneys from the fund to the tribal government.
    4. If a tribal government fails to file with the department a timely annual report or audit report, the department shall withhold distribution of moneys from the fund to the tribal government until the report is filed.
    5. If an audit report or the department’s review of the annual report finds a tribal government used moneys distributed from the fund for a purpose inconsistent with this section, the department shall withhold future distributions to that tribal government in an amount equal to the money used improperly. The department shall distribute money withheld from a tribal government under this subdivision if a future audit report indicates moneys distributed from the fund are used for purposes consistent with this section.
  4. Before August of each even-numbered year, the department shall compile and summarize the annual reports and audit reports from the participating tribal governments data and provide the legislative management with a biennial report on the fund. Each participating tribe shall compile data and provide the legislative management with a biennial report on the tribe’s use of money distributed from the fund.

Source:

S.L. 2019, ch. 410, § 1, effective May 2, 2019; 2021, ch. 372, § 1, effective July 1, 2021; 2021, ch. 352, § 454, effective September 1, 2022.

50-24.1-41. Medical assistance benefits — Pregnant women.

The department shall seek the necessary approval from the centers for Medicare and Medicaid services to expand medical assistance coverage for pregnant women with income below one hundred sixty-two percent of the federal poverty level.

Source:

S.L. 2019, ch. 411, § 1, effective August 1, 2019.

Note.

Section 50-24.1-40 was enacted 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the enactment of Section 1 of Chapter 410, Session Laws 2019, House Bill 1194 over Section 1 of Chapter 411, Session Laws 2019, House Bill 1515.

Section 2 of chapter 411, S.L. 2019 provides, “AVAILABILITY DATE. If the department of human services is able to obtain the necessary approval to expand medical assistance coverage in accordance with section 1 of this Act, the expanded medical assistance coverage for pregnant women becomes available January 1, 2020.”

50-24.1-42. Automated clearing house payments to medical assistance providers and provider applicants.

The department shall provide payment to medical assistance providers and may provide payments to provider applicants using an automated clearing house to provide for electronic fund transfers. To receive payment, medical assistance providers and provider applicants shall provide sufficient documentation to enable the department to provide electronic funds transfers through an automated clearing house. No other forms of payment are permitted.

Source:

S.L. 2021, ch. 371, § 3, effective August 1, 2021.

Note.

Section 5 of chapter 371, S.L. 2021, provides, “ APPLICATION. The department of human services shall stagger implementation of section 3 of this Act so the section applies:

  1. On January 1, 2022, to agreements entered between the department of human services and the individual on or after January 1, 2022; and
  2. On January 1, 2023, to agreements entered between the department of human services and the individual on or before December 31, 2021.”

50-24.1-43. Medical assistance benefits — Metabolic supplements. [Effective through August 31, 2022]

The metabolic supplement has been identified and agreed to be covered through an agreement between the department and the state department of health;

  1. The metabolic supplement has been identified and agreed to be covered through an agreement between the department and the state department of health..
  2. The metabolic supplement is part of a standard recommendation for treatment;
  3. A suitable metabolic supplement that is a covered outpatient drug is not available;
  4. The individual is under nineteen years of age; and
  5. Payment is made at a rate determined by the department.

Source:

S.L. 2021, ch. 373, § 1, effective August 1, 2021.

50-24.1-43. Medical assistance benefits — Metabolic supplements. [Effective September 1, 2022]

Medical assistance coverage must include coverage of a metabolic supplement if:

  1. The metabolic supplement has been identified and agreed to be covered by the department.
  2. The metabolic supplement is part of a standard recommendation for treatment;
  3. A suitable metabolic supplement that is a covered outpatient drug is not available;
  4. The individual is under nineteen years of age; and
  5. Payment is made at a rate determined by the department.

Source:

S.L. 2021, ch. 373, § 1, effective August 1, 2021.

50-24.1-44. Interpreter services.

Medical assistance coverage, including Medicaid expansion, must include payment for sign and oral language interpreter services for assistance in providing covered health care services to a recipient of medical assistance who has limited English proficiency or who has hearing loss and uses interpreting services. The department shall adopt rules to implement this section.

Source:

S.L. 2021, ch. 12, § 34, effective July 1, 2021.

CHAPTER 50-24.2 Family Home Care [Repealed]

[Repealed by S.L. 1987, ch. 575, § 5]

CHAPTER 50-24.3 Preadmission Assessment of Medical Assistance Recipients

50-24.3-01. Targeted case management. [Effective through August 31, 2022]

The department of human services shall establish a targeted case management service for disabled and elderly individuals eligible for benefits under chapter 50-24.1 who are at risk of requiring long-term care services to ensure that an individual is informed of alternatives available to address the individual’s long-term care needs.

Source:

S.L. 1985, ch. 535, § 1; 1987, ch. 581, § 1; 2001, ch. 429, § 1; 2003, ch. 427, § 1.

50-24.3-01. Targeted case management. [Effective September 1, 2022]

The department of health and human services shall establish a targeted case management service for disabled and elderly individuals eligible for benefits under chapter 50-24.1 who are at risk of requiring long-term care services to ensure that an individual is informed of alternatives available to address the individual’s long-term care needs.

Source:

S.L. 1985, ch. 535, § 1; 1987, ch. 581, § 1; 2001, ch. 429, § 1; 2003, ch. 427, § 1; 2021, ch. 352, § 455, effective September 1, 2022.

50-24.3-02. Assessment process — Professional involvement. [Repealed]

Repealed by S.L. 2003, ch. 427, § 4.

50-24.3-03. Department of human services — Targeted case management — Powers and duties. [Effective through August 31, 2022]

The department of human services has the following powers and duties which it may delegate to any entity that provides targeted case management services approved by the department:

  1. To seek cooperation from other public and private entities in the community that offer services to individuals with disabilities or the elderly.
  2. To provide information and education to the general public regarding availability of targeted case management.
  3. To accept referrals from an interested party including individuals, families, human services program professionals, nursing facility personnel, and acute care facility personnel.
  4. To assess the health and social needs of, and provide targeted case management to, referred individuals who wish to receive this service.
  5. To identify available noninstitutional services to meet the needs of referred individuals.
  6. To prepare an individual care plan for each individual receiving targeted case management services.
  7. To inform referred individuals of the extent to which long-term care services are available, including institutional and community-based services, and of the individual’s opportunity to choose, in consultation with an attending physician, family members, and other interested parties, among the appropriate alternatives that may be available.
  8. To monitor the results of targeted case management and report to each legislative assembly on these results and the cost-effectiveness of these services.

Source:

S.L. 1985, ch. 535, § 3; 1987, ch. 581, § 2; 2001, ch. 429, § 2; 2003, ch. 427, § 2.

50-24.3-03. Targeted case management — Powers and duties. [Effective September 1, 2022]

The department of health and human services has the following powers and duties which it may delegate to any entity that provides targeted case management services approved by the department:

  1. To seek cooperation from other public and private entities in the community that offer services to individuals with disabilities or the elderly.
  2. To provide information and education to the general public regarding availability of targeted case management.
  3. To accept referrals from an interested party including individuals, families, human services program professionals, nursing facility personnel, and acute care facility personnel.
  4. To assess the health and social needs of, and provide targeted case management to, referred individuals who wish to receive this service.
  5. To identify available noninstitutional services to meet the needs of referred individuals.
  6. To prepare an individual care plan for each individual receiving targeted case management services.
  7. To inform referred individuals of the extent to which long-term care services are available, including institutional and community-based services, and of the individual’s opportunity to choose, in consultation with an attending physician, family members, and other interested parties, among the appropriate alternatives that may be available.
  8. To monitor the results of targeted case management and report to each legislative assembly on these results and the cost-effectiveness of these services.

Source:

S.L. 1985, ch. 535, § 3; 1987, ch. 581, § 2; 2001, ch. 429, § 2; 2003, ch. 427, § 2; 2021, ch. 352, § 456, effective September 1, 2022.

50-24.3-03.1. Department of human services — Assessment services — Powers and duties. [Effective through August 31, 2022]

The department of human services has the following powers and duties which it may delegate to any entity that provides assessment services approved by the department:

  1. To seek cooperation from other public and private agencies in the community which offer services to disabled and elderly persons.
  2. To provide information and education to the general public regarding availability of the assessment program.
  3. To accept referrals from individuals, families, human services program professionals, nursing facility personnel, and acute care facility personnel.
  4. To assess the health and social needs of referred individuals.
  5. To identify available noninstitutional services to meet the needs of referred individuals.
  6. To prepare recommendations for individuals receiving assessment program services as to the need for skilled nursing care or other care available in the community.
  7. To inform referred individuals of the extent to which home and community-based services are available and of their opportunity to choose, in consultation with an attending physician and family member, among the appropriate alternatives that may be available.

Source:

S.L. 2003, ch. 427, § 3.

50-24.3-03.1. Assessment services — Powers and duties. [Effective September 1, 2022]

The department of health and human services has the following powers and duties which it may delegate to any entity that provides assessment services approved by the department:

  1. To seek cooperation from other public and private agencies in the community which offer services to disabled and elderly persons.
  2. To provide information and education to the general public regarding availability of the assessment program.
  3. To accept referrals from individuals, families, human services program professionals, nursing facility personnel, and acute care facility personnel.
  4. To assess the health and social needs of referred individuals.
  5. To identify available noninstitutional services to meet the needs of referred individuals.
  6. To prepare recommendations for individuals receiving assessment program services as to the need for skilled nursing care or other care available in the community.
  7. To inform referred individuals of the extent to which home and community-based services are available and of their opportunity to choose, in consultation with an attending physician and family member, among the appropriate alternatives that may be available.

Source:

S.L. 2003, ch. 427, § 3; 2021, ch. 352, § 457, effective September 1, 2022.

50-24.3-04. Preadmission assessment of persons. [Repealed]

Repealed by S.L. 1991, ch. 514, § 1.

50-24.3-05. Facility’s duties — Preadmission assessment — Alternative care. [Repealed]

Repealed by S.L. 1991, ch. 514, § 1.

CHAPTER 50-24.4 Nursing Home Rates

50-24.4-01. Definitions. [Effective through August 31, 2022]

For the purposes of this chapter:

  1. “Actual allowable historical operating cost per diem” means the per diem operating costs allowed by the department for the most recent reporting year.
  2. “Actual resident day” means a billable, countable day as defined by the department.
  3. “Department” means the department of human services.
  4. “Direct care costs” means the cost category for allowable nursing and therapy costs.
  5. “Fair rental value” means the depreciated replacement value of the building, fixed equipment, moveable equipment, and land based on the facility’s effective age. The calculation of the fair rental value of the building and fixed equipment must include a location factor, annual depreciation, and an annual replacement cost inflation factor.
  6. “Fair rental value rate” means the per diem rate calculated using the fair rental value and rental rate.
  7. “Final rate” means the rate established after any adjustment by the department, including adjustments resulting from cost report reviews and audits.
  8. “Fringe benefits” means workforce safety and insurance, group health or dental insurance, group life insurance, retirement benefits or plans, and uniform allowances, and medical services furnished at nursing home expense.
  9. “General and administrative costs” means all allowable costs for administering the facility, including salaries of administrators, assistant administrators, accounting personnel, data processing personnel, security personnel, and all clerical personnel; board of directors’ fees; business office functions and supplies; travel, except as necessary for training programs for dietitians, nursing personnel, and direct resident care related personnel required to maintain licensure, certification, or professional standards requirements; telephone and telegraph; advertising; membership dues and subscriptions; postage; insurance, except as included as a fringe benefit; professional services such as legal, accounting, and data processing services; central or home office costs; management fees; management consultants; employee training, for any top management personnel and for other than direct resident care related personnel; and business meetings and seminars.
  10. “Historical operating costs” means the allowable operating costs incurred by the facility during the reporting year immediately preceding the rate year for which the payment rate becomes effective, after the department has reviewed those costs and determined them to be allowable costs under the medical assistance program, and after the department has applied appropriate limitations such as the limit on administrative costs.
  11. “Indirect care costs” means the cost category for allowable administration, plant, housekeeping, medical records, chaplain, pharmacy, and dietary, exclusive of food costs.
  12. “Managed care organization” means a Medicaid managed care organization as that term is defined in section 1903(m) of the Social Security Act [42 U.S.C. 1396b(m)].
  13. “Margin cap” means a percentage of the price limit which represents the maximum per diem amount a nursing home may receive if the facility has historical operating costs below the price limit.
  14. “Nursing home” means a facility, not owned or administered by the state government, defined in section 43-34-01 or a facility owned or administered by the state, which agrees to accept a rate established under this chapter.
  15. “Operating costs” means the day-to-day costs of operating the facility in compliance with licensure and certification standards.
  16. “Other direct care costs” means the cost category for allowable activities, social services, laundry, and food costs.
  17. “Payment rate” means the rate determined under section 50-24.4-06.
  18. “Payroll taxes” means the employer’s share of Federal Insurance Contributions Act taxes, governmentally required retirement contributions, and state and federal unemployment compensation taxes.
  19. “Private-paying resident” means a nursing home resident on whose behalf the nursing home is not receiving medical assistance payments and whose payment rate is not established by any governmental entity with ratesetting authority, including the veterans’ administration or Medicare, or whose payment rate is not negotiated by any managed care organization contracting with a facility to provide services for the resident.
  20. “Rate year” means the fiscal year for which a payment rate determined under this chapter is effective, from January first to the next December thirty-first.
  21. “Reporting year” means the period from July first to June thirtieth, immediately preceding the rate year, for which the nursing home submits reports required under this chapter.
  22. “Top management personnel” means owners, board members, corporate officers, general, regional, and district managers, administrators, nursing home administrators, and other persons performing functions ordinarily performed by such personnel.

Source:

S.L. 1987, ch. 582, § 1; 1991, ch. 29, § 16; 1993, ch. 483, § 1; 1999, ch. 428, § 1; 2003, ch. 561, § 3; 2021, ch. 374, § 1, effective August 1, 2021; 2021, ch. 352, § 458, effective September 1, 2022.

Note.

Section 50-24.4-01 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 374, Session Laws 2021, House Bill 1090; and Section 458 of Chapter 352, Session Laws 2021, House Bill 1247.

50-24.4-01. Definitions. [Effective September 1, 2022]

For the purposes of this chapter:

  1. “Actual allowable historical operating cost per diem” means the per diem operating costs allowed by the department for the most recent reporting year.
  2. “Actual resident day” means a billable, countable day as defined by the department.
  3. “Department” means the department of health and human services.
  4. “Direct care costs” means the cost category for allowable nursing and therapy costs.
  5. “Fair rental value” means the depreciated replacement value of the building, fixed equipment, moveable equipment, and land based on the facility's effective age. The calculation of the fair rental value of the building and fixed equipment must include a location factor, annual depreciation, and an annual replacement cost inflation factor
  6. “Fair rental value rate” means the per diem rate calculated using the fair rental value and rental rate.
  7. “Final rate” means the rate established after any adjustment by the department, including adjustments resulting from cost report reviews and audits.
  8. “Fringe benefits” means workforce safety and insurance, group health or dental insurance, group life insurance, retirement benefits or plans, and uniform allowances, and medical services furnished at nursing home expense.
  9. “General and administrative costs” means all allowable costs for administering the facility, including salaries of administrators, assistant administrators, accounting personnel, data processing personnel, security personnel, and all clerical personnel; board of directors’ fees; business office functions and supplies; travel, except as necessary for training programs for dietitians, nursing personnel, and direct resident care related personnel required to maintain licensure, certification, or professional standards requirements; telephone and telegraph; advertising; membership dues and subscriptions; postage; insurance, except as included as a fringe benefit; professional services such as legal, accounting, and data processing services; central or home office costs; management fees; management consultants; employee training, for any top management personnel and for other than direct resident care related personnel; and business meetings and seminars.
  10. “Historical operating costs” means the allowable operating costs incurred by the facility during the reporting year immediately preceding the rate year for which the payment rate becomes effective, after the department has reviewed those costs and determined them to be allowable costs under the medical assistance program, and after the department has applied appropriate limitations such as the limit on administrative costs.
  11. “Indirect care costs” means the cost category for allowable administration, plant, housekeeping, medical records, chaplain, pharmacy, and dietary, exclusive of food costs.
  12. “Managed care organization” means a Medicaid managed care organization as that term is defined in section 1903(m) of the Social Security Act [42 U.S.C. 1396b(m)].
  13. “Margin cap” means a percentage of the price limit which represents the maximum per diem amount a nursing home may receive if the facility has historical operating costs below the price limit.
  14. “Nursing home” means a facility, not owned or administered by the state government, defined in section 43-34-01 or a facility owned or administered by the state, which agrees to accept a rate established under this chapter.
  15. “Operating costs” means the day-to-day costs of operating the facility in compliance with licensure and certification standards.
  16. “Other direct care costs” means the cost category for allowable activities, social services, laundry, and food costs.
  17. “Payment rate” means the rate determined under section 50-24.4-06.
  18. “Payroll taxes” means the employer’s share of Federal Insurance Contributions Act taxes, governmentally required retirement contributions, and state and federal unemployment compensation taxes.
  19. “Private-paying resident” means a nursing home resident on whose behalf the nursing home is not receiving medical assistance payments and whose payment rate is not established by any governmental entity with ratesetting authority, including the veterans’ administration or Medicare, or whose payment rate is not negotiated by any managed care organization contracting with a facility to provide services for the resident.
  20. “Rate year” means the fiscal year for which a payment rate determined under this chapter is effective, from January first to the next December thirty-first.
  21. “Reporting year” means the period from July first to June thirtieth, immediately preceding the rate year, for which the nursing home submits reports required under this chapter.
  22. “Top management personnel” means owners, board members, corporate officers, general, regional, and district managers, administrators, nursing home administrators, and other persons performing functions ordinarily performed by such personnel.

Source:

S.L. 1987, ch. 582, § 1; 1991, ch. 29, § 16; 1993, ch. 483, § 1; 1999, ch. 428, § 1; 2003, ch. 561, § 3; 2021, ch. 374, § 1, effective August 1, 2021; 2021, ch. 352, § 458, effective September 1, 2022.

50-24.4-01.1. Nursing home resident payment classifications — Procedures for reconsideration.

  1. For purposes of this section, “resident’s representative” includes the resident’s guardian or conservator, a person authorized or required to pay the nursing home expenses of the resident, or any other person designated by the resident in writing.
  2. The department shall establish resident payment classifications for the care of residents of nursing homes.
  3. The department shall assign nursing home residents to the appropriate payment classification based upon assessments of the residents.
  4. The department shall notify each resident, and the nursing home in which the resident resides, of the payment classification established under subsection 3. The notice must inform the resident of the classification that was assigned, the opportunity to review the documentation supporting the classification, the opportunity to obtain clarification from the department, and the opportunity to appeal the classification. The notice of resident classification must be sent by first-class mail. The individual resident notices may be sent to the resident’s nursing home for distribution to the resident in which event the nursing home is responsible for the distribution of the notice to the resident and to the resident’s representative, if any. This notice must be distributed to the resident and sent first-class mail or hand-delivered to the resident’s representative within three working days after the nursing home’s receipt of the notice from the department.
  5. The resident or the nursing home may appeal the assigned payment classification to the department. The appeal must be submitted in writing to the department within thirty days of the receipt of the notice of resident classification. For appeals submitted by or on behalf of the resident, the time period for submission of the request begins on the date the classification notice is delivered to the resident, or mailed or delivered to the resident’s representative, whichever is latest. The appeal must be accompanied by the name of the resident, the name and address of the nursing home in which the resident resides, the reasons for the appeal, the requested classification changes, and documentation supporting the requested classification. The documentation accompanying the appeal is limited to documentation intended to establish that the needs of the resident, at the time of the assessment resulting in the disputed classification, justify a change of classification.
  6. Upon written request, the nursing home shall give the resident or the resident’s representative a copy of the assessment form and the other documentation that was given to the department to support the assessment findings. The nursing home shall also provide access to and a copy of other information from the resident’s record that has been requested by or on behalf of the resident to support a resident’s appeal. A copy of any requested material must be provided within three working days of receipt of a written request for the information. Upon request, the nursing home shall assist the resident in preparing an appeal.
  7. In addition to the information required in subsection 5, an appeal by a nursing home must be accompanied by the following information: the date the resident payment classification notices were received by the nursing home; the date the classification notices were distributed to the resident or the resident’s representative; and a copy of a notice of appeal sent to the resident or to the resident’s representative. This notice must tell the resident or the resident’s representative that the resident’s classification is being appealed, the reason for the appeal, that the resident’s rate will change if the appeal is approved by the department and the extent of the change, that copies of the nursing home’s appeal and supporting documentation are available for review, and that the resident also has the right to appeal. If the nursing home fails to provide this information with the appeal, the appeal must be denied, and the nursing home may not make further appeals concerning that specific resident payment classification until such time as the resident’s payment classification is re-established by the department.
  8. The appeal determination of the department must be made by individuals not involved in reviewing the assessment that established the disputed classification. The appeal determination must be based upon the initial assessment and upon the information provided to the department under subsection 5. If the department determines that it is necessary for the appeal determination, it may conduct onsite reviews. Within fifteen working days of receiving the appeal, the department shall affirm or modify the original resident classification. The original classification must be modified if the department determines that the assessment resulting in the classification did not accurately reflect the needs of the resident at the time of the assessment. The resident and the nursing home must be notified within five working days after the decision is made.
  9. The appeal determination under subsection 8 is the final administrative decision of the agency. That decision is subject to appeal to the district court, and for that purpose, the decision must be treated as a decision on a petition for rehearing made pursuant to section 28-32-40. Appeal to the district court must be taken in the manner required by section 28-32-42.

Source:

S.L. 1989, ch. 584, § 1; 1991, ch. 515, § 1; 2001, ch. 293, § 26.

50-24.4-02. Authority.

The department shall establish, by rule, procedures for determining rates for care of residents of nursing homes which qualify as vendors of medical assistance and for implementing the provisions of this chapter. The procedures must be based on methods and standards which the department finds are adequate to recognize the costs that must be incurred for the care of residents in efficiently and economically operated nursing homes. The department shall identify costs that are recognized for establishing payment rates.

Source:

S.L. 1987, ch. 582, § 2.

50-24.4-03. Federal requirements — Supremacy.

If any provision of this chapter is determined by the United States government to be in conflict with existing or future requirements of the United States government with respect to federal participation in medical assistance, the federal requirements prevail.

Source:

S.L. 1987, ch. 582, § 3.

50-24.4-04. Payment rates.

Payment rates paid to any nursing home receiving medical assistance payments must be those rates established pursuant to this chapter and rules adopted under it.

Source:

S.L. 1987, ch. 582, § 4.

50-24.4-05. Requirements.

No medical assistance payments may be made to any nursing home unless the nursing home is certified to participate in the medical assistance program under title XIX of the federal Social Security Act and has in effect a provider agreement with the department meeting the requirements of state and federal statutes and rules. No medical assistance payments may be made to any nursing home unless the nursing home complies with all requirements of North Dakota law including, but not limited to, this chapter and rules adopted under it that govern participation in the program. This section applies whether the nursing home participates fully in the medical assistance program or is withdrawing from the medical assistance program.

Source:

S.L. 1987, ch. 582, § 5.

50-24.4-06. Rate determination.

  1. The department shall determine prospective payment rates for resident care costs. The department shall develop procedures for determining operating cost payment rates that take into account the mix of resident needs and other factors as determined by the department.
  2. The department shall establish, by rule, limitations on compensation recognized in the historical base for top management personnel. Compensation for top management personnel must be categorized as a general and administrative cost and is subject to any limits imposed on that cost category.
  3. For purposes of determining rates, the department shall:
    1. Include, contingent upon approval of the Medicaid state plan by the centers for Medicare and Medicaid services, allowable bad debt expenses in an amount not to exceed one hundred eighty days of resident care per year or an aggregate of three hundred sixty days of resident care for any one individual; and
    2. Include allowable bad debt expenses in the property cost category in the report year in which the bad debt is determined to be uncollectible with no likelihood of future recovery.
    3. Notwithstanding section 50-24.4-07, include as an allowable cost any tax paid by a basic care or nursing facility due to provisions of the federal Patient Protection and Affordable Care Act [Pub. L. 111-148], as amended by the Health Care and Education Reconciliation Act of 2010 [Pub. L. 111-152].

Source:

S.L. 1987, ch. 582, § 6; 2005, ch. 432, § 1; 2009, ch. 430, § 1; 2013, ch. 370, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 370, S.L. 2013 became effective August 1, 2013.

The 2009 amendment of this section by section 1 of chapter 430, S.L. 2009 became effective August 1, 2009.

50-24.4-07. Nonallowable costs.

  1. The following costs may not be recognized as allowable: political contributions; salaries or expenses of a lobbyist, as defined in section 54-05.1-02, for lobbying activities; advertising designed to encourage potential residents to select a particular nursing home; fines and penalties; legal and related expenses for unsuccessful challenges to decisions by governmental agencies; memberships in sports, health, or similar social clubs or organizations; and costs incurred for activities directly related to influencing employees with respect to unionization. The department by rule shall exclude the costs of other items or services not directly related to the provision of resident care.
  2. Nonallowable costs include the education expense unless:
    1. The education was provided by an accredited academic or technical educational facility;
    2. The education expense was for materials, books, or tuition; and
    3. The amount of education expense claimed for an individual does not exceed fifteen thousand dollars in the aggregate.
  3. The education expense may be claimed the year in which it is expended.
  4. For any individual who receives education assistance, the facility shall enter a contract with the individual which stipulates a minimum commitment to work for the facility as well as a repayment plan if the individual does not fulfill the contract obligations.
  5. An individual who receives the maximum of fifteen thousand dollars of education assistance shall commit to a minimum of six thousand six hundred fifty-six hours of employment after completion of the educational program. The number of hours of employment required may be prorated for an individual who receives less than the maximum of fifteen thousand dollars of education assistance.
  6. The facility shall report the education expense separately on the facility’s cost report. The expense is allowed as a passthrough and is limited only by the fifteen thousand dollar maximum per individual.
  7. If an individual defaults on a contract and education expenses for the individual have previously been claimed in any report year, the facility shall report the amount of repayment on the facility’s cost report in the report year in which the default occurs.
  8. The department shall exclude sales tax revenue received from a political subdivision or local taxing authority as an offset to costs for facilities located in communities with a population below twelve thousand five hundred people.

Source:

S.L. 1987, ch. 582, § 7; 2009, ch. 431, § 1; 2011, ch. 366, § 1; 2015, ch. 344, § 1, effective August 1, 2015; 2015, ch. 345, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 344, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 1 of chapter 345, S.L. 2015 became effective August 1, 2015.

The 2011 amendment of this section by section 1 of chapter 366, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 1 of chapter 431, S.L. 2009 became effective August 1, 2009.

50-24.4-08. Notice of increases to private-paying residents.

No increase in nursing home rates for private-paying residents is effective unless the nursing home notifies the resident or person responsible for payment of the increase in writing thirty days before the increase takes effect. A nursing home may adjust its rates without giving the notice required by this section when the purpose of the rate adjustment is to reflect a necessary change in the category of care provided to a resident.

Source:

S.L. 1987, ch. 582, § 8; 2001, ch. 430, § 2; 2021, ch. 374, § 2, effective August 1, 2021.

50-24.4-09. Interim rates. [Repealed]

Repealed by S.L. 2005, ch. 432, § 10.

50-24.4-10. Operating costs.

  1. The department shall establish procedures for determining per diem reimbursement for operating costs.
  2. The department shall analyze and evaluate each nursing home’s cost report of allowable operating costs incurred by the nursing home during the reporting year immediately preceding the rate year for which the payment rate becomes effective.
  3. The department shall establish price limits on actual allowable historical operating cost per diems, increased by the market basket for skilled nursing facility before productivity assessment, based on cost reports of allowable operating costs taking into consideration relevant factors including resident needs, nursing hours necessary to meet resident needs, size of the nursing home, and the costs that must be incurred for the care of residents in an efficiently and economically operated nursing home. For the rate year beginning 2022, the department shall establish price limits for cost categories using the June 30, 2021, cost report year as the base period. The price limits must be established using the same percentage of the median used to establish the limits for the June 30, 2020, base period. In determining allowable historical operating cost per diems for purposes of setting price limits, the department shall divide the allowable historical operating costs by the actual number of resident days, except that when a nursing home is occupied at less than ninety percent of licensed capacity days, the department may establish procedures to adjust the computation of the indirect care cost per diem to an imputed occupancy level at or below ninety percent. To encourage the development of home and community-based services as an alternative to nursing home care, the department may waive the imputed occupancy level requirements for a nursing home that the department determines to be providing significant home and community-based services in coordination with home and community-based service providers to avoid duplicating existing services.
  4. In establishing payment rates for one or more operating cost categories, the department may establish separate rates for different classes of residents based on their relative care needs.
  5. The department shall include in the ratesetting system for nursing homes those costs associated with computer software and any related technology, including cloud-based services. These expenses are allowed as a direct passthrough.
  6. A new base period must be established with the cost report period June 30, 2023.
  7. The margin cap used for the rate year beginning 2022 price limits must be no less than three and forty-six hundredths percent.
  8. The market basket for skilled nursing facility before productivity adjustment is the preferred index to adjust historical operating costs when a new base period is established and to adjust the price rate in subsequent years until a new base rate period is established.
  9. For the rate years beginning 2022 and 2023, the department shall inform the nursing home of the operating rate using historical operating costs and the operating rate using price limits. The nursing home shall inform the department if the nursing home wants to accept the operating rate using historical operating costs as the established rate.

Source:

S.L. 1987, ch. 582, § 10; 1991, ch. 29, § 17; 1997, ch. 413, § 1; 1997, ch. 414, § 1; 1999, ch. 34, § 13; 2005, ch. 432, § 2; 2021, ch. 374, § 3, effective August 1, 2021.

Notes to Decisions

Rate of Reimbursement.

Where a nursing home facility and its supplier were related entities, this section did not require that a nursing home facility be reimbursed at the rate of the cost to its supplier, but rather, at the rate of the facility’s actual costs for supplies. North Cent. Good Samaritan Ctr. v. North Dakota Dep't of Human Servs., 2000 ND 96, 611 N.W.2d 141, 2000 N.D. LEXIS 105 (N.D. 2000).

50-24.4-11. Adjustment of historical operating costs.

  1. The department may allow a one-time adjustment to historical operating costs of a nursing home that has been found by the department to be significantly below care-related minimum standards appropriate to the mix of resident needs in that nursing home when it is determined by the department that the nursing home is unable to meet minimum standards through reallocation of nursing home costs and efficiency incentives or allowances. In developing procedures to allow adjustments, the department shall specify the terms and conditions governing any additional payments made to a nursing home as a result of the adjustment. The department shall establish procedures to recover amounts paid under this section, in whole or in part, and to adjust current and future rates, for nursing homes that fail to use the adjustment to satisfy care-related minimum standards.
  2. If the department learns that unallowable expenditures have been included in the nursing home’s historical operating costs, the department shall disallow the expenditures and recover the entire overpayment out of future payments otherwise due to the nursing home under chapter 50-24.1, or otherwise, as the department may determine.

Source:

S.L. 1987, ch. 582, § 11; 2005, ch. 432, § 3.

50-24.4-12. Avoiding detrimental effect on quality of care. [Effective through August 31, 2022]

If the department learns that expenditures for direct resident care have been reduced in amounts large enough to indicate a possible detrimental effect on the quality of care, the department shall notify the state department of health.

Source:

S.L. 1987, ch. 582, § 12; 1995, ch. 243, § 2.

50-24.4-12. Avoiding detrimental effect on quality of care. [Effective September 1, 2022]

If the department learns that expenditures for direct resident care have been reduced in amounts large enough to indicate a possible detrimental effect on the quality of care, the licensing division shall be notified.

Source:

S.L. 1987, ch. 582, § 12; 1995, ch. 243, § 2; 2021, ch. 352, § 459, effective September 1, 2022.

50-24.4-13. Exclusion.

Until procedures for determining operating cost payment rates according to mix of resident needs are established for nursing homes that exclusively provide residential services for nongeriatric individuals with physical disabilities or units within nursing homes which exclusively provide geropsychiatric services, such nursing homes or units within nursing homes may not be included in the calculation of the limits of any cost categories. Each of these nursing homes or units within nursing homes shall receive its actual allowed historical operating cost per diem adjusted by the inflation rate for nursing home services used to develop the legislative appropriation for the department, and which the department determines to be relevant to residential services for nongeriatric individuals with physical disabilities or geropsychiatric services.

Source:

S.L. 1987, ch. 582, § 13; 1999, ch. 34, § 14; 2005, ch. 432, § 4.

50-24.4-14. General and administrative costs.

All general and administrative costs must be included in general and administrative costs in total, without direct or indirect allocation to other cost categories. In a nursing home of sixty or fewer beds, part of an administrator’s salary may be allocated to other cost categories to the extent justified in records kept by the nursing home. Central or home office costs representing services of consultants required by law in areas including, but not limited to, dietary, pharmacy, social services, or activities may be allocated to the appropriate department, but only if those costs are directly identified by the nursing home. Central, affiliated, or corporate office costs representing services of consultants not required by law in the areas of nursing, medical records, dietary, other care-related services, and plant operations may be allocated to the appropriate operating cost category of a nursing home according to subsections 1 through 5.

  1. Only the salaries, fringe benefits, and payroll taxes associated with the individual performing the service may be allocated. No other costs may be allocated.
  2. The allocation must be based on direct identification and only to the extent justified in time distribution records that show the actual time spent by the consultant performing the services for the nursing home.
  3. The cost in subsection 1 for each consultant must not be allocated to more than one operating cost category in the nursing home. If more than one nursing home is served by a consultant, all nursing homes shall allocate the consultant’s cost to the same operating category.
  4. Top management personnel must not be considered consultants.
  5. The consultant’s full-time responsibilities are to provide the services identified in this section.

Source:

S.L. 1987, ch. 582, § 14; 2005, ch. 432, § 5.

50-24.4-15. Property-related costs.

  1. The department shall include in the ratesetting system for nursing homes a fair rental value payment mechanism for the use of real and personal property.
  2. The department shall establish a per bed property cost limitation considering single and double occupancy construction. The double room limit effective July 1, 2015, is one hundred fifty-six thousand seven hundred eighty-three dollars and the single room limit is two hundred thirty-five thousand one hundred seventy-six dollars. The per bed property cost limitation must apply to construction or renovation projects currently in process or which have approved financing in place on or before December 31, 2021. The nursing home must have agency approval of the project by December 31, 2022. The nursing home shall notify the department within thirty days of receiving financial approval for any construction or renovation projects that financing is in place on or before December 31, 2022.
  3. The maximum allowable movable equipment replacement value per licensed bed must be fifteen thousand dollars when calculating the fair rental value.
  4. The maximum allowable square footage per licensed bed must be nine hundred fifty square feet [88.26 square meters] when calculating the fair rental value.
  5. The maximum allowable rental rate must be eight percent when calculating the fair rental value rate.
  6. Effective with the 2023 rate year, the property rate component of the payment rate, exclusive of startup and passthrough costs, must be the greater of the rate calculated using allowable property-related costs or the fair rental value rate. If the fair rental value rate is greater than the rate calculated using allowable property-related costs, the increase must be phased in over a four-year period.
  7. Effective with the 2023 rate year, if the fair rental value rate is greater than the rate calculated using allowable property-related costs, the increase must be reserved until a major renovation or construction is placed in service.
  8. Effective with the 2023 rate year and subsequent rate years, if the fair rental value rate is less than the rate calculated using allowable property-related costs, the department shall inform the nursing home of the property rate using allowable property-related costs and the fair rental value. Before the start of each rate year, the nursing home shall inform the department if the nursing home wants to accept the property rate using allowable property-related costs as the established rate. The allowable property-related costs must be calculated using only the allowable depreciation on capital assets and interest on debt as of June 30, 2022, for all rate years. Once the fair rental value rate is equal to or greater than the rate calculated using allowable property-related costs, or the nursing home does not inform the department the nursing home wants to accept the property rate using allowable property-related costs, the department no longer need inform the nursing home of the property rate using allowable property-related costs and the rate must be calculated using the fair rental value methodology.

Source:

S.L. 1987, ch. 582, § 15; 1995, ch. 470, § 1; 1997, ch. 415, § 1; 2003, ch. 86, § 7; 2003, ch. 428, § 1; 2007, ch. 39, § 22; 2015, ch. 346, § 1, effective August 1, 2015; 2019, ch. 412, § 1, effective August 1, 2019; 2021, ch. 374, § 4, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 346, S.L. 2015 became effective August 1, 2015.

The 2007 amendment of this section by section 22 of chapter 39, S.L. 2007 became effective July 1, 2007.

50-24.4-16. Special rates.

  1. For nursing homes with a significant capacity increase and for newly constructed nursing homes, which first provide services on or after July 1, 1988, and which are not included in the calculation of the limits of any cost category, the department shall establish procedures for determining interim operating cost payment rates. The interim payment rate may not be in effect for more than eighteen months. The department shall establish procedures for determining the interim rate and for making a retroactive cost settle-up for periods when an interim rate was in effect.
  2. As soon as is practicable following the establishment of the procedures required by subsection 1, the department shall apply the special rates for all affected facilities.

Source:

S.L. 1987, ch. 582, § 16; 1991, ch. 518, § 1; 2005, ch. 432, § 6; 2009, ch. 432, § 1.

Effective Date.

The 2009 amendment of this section by section 1 of chapter 432, S.L. 2009 became effective April 22, 2009, pursuant to an emergency clause in section 6 of chapter 432, S.L. 2009.

50-24.4-17. Adjustments and reconsideration procedures.

  1. Rate adjustments may be made to correct errors subsequently determined and must also be retroactive to the beginning of the facility’s rate year except with respect to rates paid by private-paying residents. Any adjustments that result in a cumulative change of more than one dollar per day from the desk rate will be included in the next subsequent cost report to the extent not corrected by a rate adjustment made pursuant to this subsection.
  2. Any requests for reconsideration of the rate must be filed with the department’s medical services division for administrative consideration within thirty days of the date of the rate notification.

Source:

S.L. 1987, ch. 582, § 17; 2017, ch. 338, § 1, effective August 1, 2017.

50-24.4-18. Appeals.

  1. A nursing home dissatisfied with the final rate established may, upon completion of the reconsideration, appeal. An appeal may be perfected by mailing or delivering the information described in subdivisions a through e to the department, at such address as the department may designate, mailed or delivered on or before five p.m. on the thirty-first day after the date of mailing of the determination of the medical services division made with respect to a request for reconsideration. An appeal under this section is perfected only if accompanied by written documents including the following information:
    1. A copy of the letter received from the medical services division advising of that division’s decision on the request for reconsideration;
    2. A statement of each disputed item and the reason or basis for the dispute;
    3. A computation and the dollar amount which reflects the appealing party’s claim as to the correct computation and dollar amount for each disputed item;
    4. The authority in statute or rule upon which the appealing party relies for each disputed item; and
    5. The name, address, and telephone number of the person upon whom all notices will be served regarding the appeal.
  2. Upon assignment, the hearing officer shall set and conduct the hearing within one hundred twenty days of the date of assignment.
  3. Within sixty days after all evidence has been received, the department shall make its findings of fact and conclusions of law and enter a decision based upon its findings and conclusions.
  4. A nursing home may seek a writ of mandamus to compel the hearing officer to timely set and conduct a hearing or to compel the department to timely issue a decision; however, no writ may be granted to a nursing home contributing to the delay.

Source:

S.L. 1987, ch. 582, § 18; 1991, ch. 637, § 9; 1993, ch. 485, § 1.

Notes to Decisions

Adequacy of Administrative Appeal.

Considering the complexity and technical nature of the subject matter, the Department of Human Services’ fulfillment of its central purpose to set rates, and the adequacy of the remedy of an administrative appeal, the unappealed final rate orders were res judicata and precluded the long-term care provider who received reimbursement for care of some of its residents under the Medicaid program from collateral attack in district court to gain a recalculation of provider’s final rates. Americana Healthcare Ctr. v. North Dakota Dep't of Human Servs., 513 N.W.2d 889, 1994 N.D. LEXIS 75 (N.D. 1994).

DECISIONS UNDER PRIOR LAW

Hearing Officer’s Recommendations.

The absence of specific language granting the hearing officer the authority to render a final decision evidences an intent that the hearing officer’s recommendations are not binding on the Redwood Village Partnership v. North Dakota Dep't of Human Servs., 420 N.W.2d 333, 1988 N.D. LEXIS 69 (N.D. 1988).

50-24.4-18.1. Rates pending reconsideration and appeal.

  1. For purposes of this section:
    1. “Final decision rate” means the amount, if any, determined on a per day basis, by which a rate otherwise set under this chapter is increased as a result of a request for reconsideration made under section 50-24.4-17, a request for an administrative appeal under section 50-24.4-18, or a request for judicial appeal under chapter 28-32 taken from a decision on an administrative appeal.
    2. “Pending decision rate” means the amount, determined on a per day basis, by which a rate otherwise set under this chapter would increase if a nursing home prevails on a request for reconsideration made under section 50-24.4-17, on a request for an administrative appeal under section 50-24.4-18, or on a request for a judicial appeal under chapter 28-32 taken from a decision on an administrative appeal; however, the amount may not cause any component of the rate to exceed rate limits established under this chapter or through rules adopted under section 50-24.4-02.
  2. If a nursing home has made a request for reconsideration under section 50-24.4-17, taken an administrative appeal under section 50-24.4-18, or taken a judicial appeal under chapter 28-32 from a decision on an administrative appeal, and has provided information sufficient to allow the department to accurately calculate, on a per day basis, the effect of each of the disputed issues on the nursing home’s rate, the department shall determine and issue a pending decision rate within thirty days of receipt of the request for reconsideration, administrative appeal, or judicial appeal. If the information furnished is insufficient to determine a pending decision rate, the department, within thirty days of receipt of the request for reconsideration, shall inform the facility of the insufficiency and may identify information that would correct the insufficiency.
  3. The department shall add the pending decision rate to the rate that would otherwise be set under this chapter, and, notwithstanding section 50-24.4-19, the total must be the rate chargeable to private-paying residents until a final decision on the request for reconsideration or appeal is made and is no longer subject to further appeal.
  4. The nursing home shall establish and maintain records that reflect the amount of any pending decision rate paid by each private-paying resident from the date the nursing home charges a private-paying resident the pending decision rate.
  5. If the pending decision rate paid by a private-paying resident exceeds the final decision rate, the nursing home shall refund the difference, plus interest at the legal rate, within sixty days after the final decision is no longer subject to appeal. If a nursing home fails to provide a timely refund to a living resident or former resident, the nursing home shall pay interest at three times the legal rate for the period after the refund is due. If a former resident is deceased, the nursing home shall pay the refund to a person lawfully administering the estate of the deceased former resident or lawfully acting as successor to the deceased former resident. If no person is lawfully administering the estate or lawfully acting as a successor, the nursing home may make any disposition of the refund permitted by law. Interest paid under this subsection is a nonallowable cost.

Source:

S.L. 1993, ch. 486, § 1.

50-24.4-19. Prohibited practices. [Effective through August 31, 2022]

A nursing home is not eligible to receive medical assistance payments unless it refrains from all of the following:

  1. Charging private-paying residents rates for similar services which exceed those rates which are approved by the department for medical assistance recipients, as determined by the prospective desk audit rate, except under the following circumstances: the nursing home may charge private-paying residents a higher rate for a private room and charge for special services which are not included in the daily rate if medical assistance residents are charged separately at the same rate for the same services in addition to the daily rate paid by the department of human services. Services covered by the payment rate must be the same regardless of payment source. Special services, if offered, must be offered to all residents and charged separately at the same rate. Residents are free to select or decline special services. Special services must not include services which must be provided by the nursing home in order to comply with licensure or certification standards and that if not provided would result in a deficiency or violation by the nursing home. Services beyond those required to comply with licensure or certification standards must not be charged separately as a special service if they were included in the payment rate for the previous reporting year. A nursing home that charges a private-paying resident a rate in violation of this chapter is subject to an action by the state or any of its subdivisions or agencies for civil damages. A private-paying resident or the resident’s legal representative has a cause of action for civil damages against a nursing home that charges the resident rates in violation of this chapter. The damages awarded shall include three times the payments that result from the violation, together with costs and disbursements, including reasonable attorney’s fees or their equivalent.
  2. Requiring an applicant for admission to the home, or the guardian or conservator of the applicant, as a condition of admission, to pay any fee or deposit, loan any money to the nursing home, or promise to leave all or part of the applicant’s estate to the home.
  3. Requiring any resident of the nursing home to utilize a vendor of health care services who is a licensed physician or pharmacist chosen by the nursing home.
  4. Providing differential treatment on the basis of status with regard to public assistance.
  5. Discriminating in admissions, services offered, or room assignment on the basis of status with regard to public assistance. Admissions discrimination shall include, but is not limited to:
    1. Basing admissions decisions upon assurance by the applicant to the nursing home, or the applicant’s guardian or conservator, that the applicant is neither eligible for nor will seek public assistance for payment of nursing home care costs.
    2. Engaging in preferential selection from waiting lists based on an applicant’s ability to pay privately.
  6. Requiring any vendor of medical care, who is reimbursed by medical assistance under a separate fee schedule, to pay any portion of the vendor’s fee to the nursing home except as payment for the fair market value of renting or leasing space or equipment of the nursing home or purchasing support services, if those agreements are disclosed to the department.
  7. Refusing, for more than twenty-four hours, to accept a resident returning to the resident’s same bed or a bed certified for the same level of care, in accordance with a physician’s order authorizing transfer, after receiving inpatient hospital services.
  8. Violating any of the rights of health care facility residents enumerated in section 50-10.2-02.
  9. Charging a managed care organization a rate that is less than the rate approved by the department for a medical assistance recipient in the same classification.

The collection and use by a nursing home of financial information of any applicant pursuant to a preadmission screening program does not raise an inference that the nursing home is utilizing that information for any purpose prohibited by this chapter.

Source:

S.L. 1987, ch. 582, § 19; 1999, ch. 428, § 2; 2005, ch. 432, § 7; 2021, ch. 374, § 5, effective August 1, 2021; 2021, ch. 352, § 460, effective September 1, 2022.

Note.

Section 50-24.4-19 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 5 of Chapter 374, Session Laws 2021, House Bill 1090; and Section 460 of Chapter 352, Session Laws 2021, House Bill 1247.

50-24.4-19. Prohibited practices. [Effective September 1, 2022]

A nursing home is not eligible to receive medical assistance payments unless it refrains from all of the following:

  1. Charging private-paying residents rates for similar services which exceed those rates which are approved by the department for medical assistance recipients, as determined by the prospective desk audit rate, except under the following circumstances: the nursing home may charge private-paying residents a higher rate for a private room and charge for special services which are not included in the daily rate if medical assistance residents are charged separately at the same rate for the same services in addition to the daily rate paid by the department. Services covered by the payment rate must be the same regardless of payment source. Special services, if offered, must be offered to all residents and charged separately at the same rate. Residents are free to select or decline special services. Special services must not include services which must be provided by the nursing home in order to comply with licensure or certification standards and that if not provided would result in a deficiency or violation by the nursing home. Services beyond those required to comply with licensure or certification standards must not be charged separately as a special service if they were included in the payment rate for the previous reporting year. A nursing home that charges a private-paying resident a rate in violation of this chapter is subject to an action by the state or any of its subdivisions or agencies for civil damages. A private-paying resident or the resident’s legal representative has a cause of action for civil damages against a nursing home that charges the resident rates in violation of this chapter. The damages awarded shall include three times the payments that result from the violation, together with costs and disbursements, including reasonable attorney’s fees or their equivalent.
  2. Requiring an applicant for admission to the home, or the guardian or conservator of the applicant, as a condition of admission, to pay any fee or deposit in excess of one hundred dollars, loan any money to the nursing home, or promise to leave all or part of the applicant’s estate to the home.
  3. Requiring any resident of the nursing home to utilize a vendor of health care services who is a licensed physician or pharmacist chosen by the nursing home.
  4. Providing differential treatment on the basis of status with regard to public assistance.
  5. Discriminating in admissions, services offered, or room assignment on the basis of status with regard to public assistance. Admissions discrimination shall include, but is not limited to:
    1. Basing admissions decisions upon assurance by the applicant to the nursing home, or the applicant’s guardian or conservator, that the applicant is neither eligible for nor will seek public assistance for payment of nursing home care costs.
    2. Engaging in preferential selection from waiting lists based on an applicant’s ability to pay privately.
  6. Requiring any vendor of medical care, who is reimbursed by medical assistance under a separate fee schedule, to pay any portion of the vendor’s fee to the nursing home except as payment for the fair market value of renting or leasing space or equipment of the nursing home or purchasing support services, if those agreements are disclosed to the department.
  7. Refusing, for more than twenty-four hours, to accept a resident returning to the resident’s same bed or a bed certified for the same level of care, in accordance with a physician’s order authorizing transfer, after receiving inpatient hospital services.
  8. Violating any of the rights of health care facility residents enumerated in section 50-10.2-02.
  9. Charging a managed care organization a rate that is less than the rate approved by the department for a medical assistance recipient in the same classification.

The collection and use by a nursing home of financial information of any applicant pursuant to a preadmission screening program does not raise an inference that the nursing home is utilizing that information for any purpose prohibited by this chapter.

Source:

S.L. 1987, ch. 582, § 19; 1999, ch. 428, § 2; 2005, ch. 432, § 7; 2021, ch. 374, § 5, effective August 1, 2021; 2021, ch. 352, § 460, effective September 1, 2022.

50-24.4-19.1. Rates for private rooms — Payments by a third party on behalf of medical assistance recipients.

  1. Notwithstanding section 50-24.4-19, a nursing home may receive a payment, in addition to payment of the rate set under this chapter, for the use of a private room by a resident who receives medical assistance benefits if:
    1. The private room is not medically necessary;
    2. The resident, or another person acting on behalf of the resident, has requested the private room and the nursing home informs the person making the request, at the time of the request, of the amount of the payment; and
    3. The payment does not exceed the amount that the nursing home charges private-paying residents for a private room under subsection 1 of section 50-24.4-19.
  2. For purposes of this chapter, a private room is a covered service only if medically necessary for the care of a resident.

Source:

S.L. 1991, ch. 516, § 1.

50-24.4-19.2. Residents with extraordinary needs.

The department shall develop criteria identifying extraordinary medical needs so severe as to make it difficult for affected persons to secure necessary care in nursing facilities. The department shall consider those extraordinary medical needs that may be associated with extensive pulmonary disease, specialized rehabilitation, and ventilator dependence. Notwithstanding any other provision of this chapter, the department may determine rates for nursing home residents with extraordinary medical needs. The department shall consider the costs of alternative care or treatment in determining rates for nursing home residents with extraordinary medical needs. A rate so determined by the department is effective for services provided after:

  1. The department has agreed that the criteria are met;
  2. The facility has agreed to provide necessary services at that rate; and
  3. For periods when the person is not eligible for medical assistance, the person or anyone who may lawfully act on the person’s behalf, has agreed to the rate.

Source:

S.L. 1993, ch. 487, § 1.

50-24.4-20. Temporary payments — Correction orders.

For a period not to exceed one hundred eighty days from the date of mailing formal notice, the department may continue to make medical assistance payments to a nursing home which is in violation of this chapter if extreme hardship to the residents would otherwise result. In these cases, the department shall issue an order requiring the nursing home to correct the violation. The nursing home has twenty days from its receipt of the order to correct the violation. If the violation is not corrected within the twenty-day period, the department may reduce the payment rate to the nursing home by up to twenty percent. The amount of the payment rate reduction must be related to the severity of the violation and must remain in effect until the violation is corrected. The nursing home may seek reconsideration of or appeal the department’s action pursuant to the provisions of sections 50-24.4-17 and 50-24.4-18.

Source:

S.L. 1987, ch. 582, § 20.

50-24.4-21. Termination.

If a nursing home terminates its participation in the medical assistance program, whether voluntarily or involuntarily, the department may authorize the nursing home to receive continued reimbursement only on a temporary basis until medical assistance residents can be relocated to nursing homes participating in the medical assistance program.

Source:

S.L. 1987, ch. 582, § 21.

50-24.4-22. Exception.

In the event that the state is determined by the federal government to be no longer eligible for the federal share of medical assistance payments made to a nursing home under this chapter, the department may cease medical assistance payments to that nursing home.

Source:

S.L. 1987, ch. 582, § 22.

50-24.4-23. Reporting requirements.

  1. No later than October first of each year, each nursing home that receives medical assistance payments from the department shall:
    1. Except for state-owned facilities, provide the department with a copy of its audited report that meets the reporting standards of the American institute of certified public accountants and includes an audited statement of the rate or rates charged to private-paying residents. The examination by the certified public accountant must be conducted in accordance with generally accepted auditing standards as promulgated and adopted by the American institute of certified public accountants;
    2. Provide the department with a statement of ownership for the facility or a certification that ownership has not changed since the most recent statement given pursuant to this subsection;
    3. Provide the department with audited financial statements as specified in subdivision a for every other facility owned in whole or in part by an individual or entity which has an ownership interest in the facility;
    4. Upon request, provide the department with audited financial statements as specified in subdivision a for every organization with which the facility conducts business and which is owned in whole or in part by an individual or entity which has an ownership interest in the facility;
    5. Provide the department with copies of leases, purchase agreements, appraisals, financing arrangements, and other documents related to the lease or purchase of the nursing facility, or a certification that the content of any such document remains unchanged since the most recent statement given pursuant to this subsection;
    6. Upon request, provide the department with copies of leases, purchase agreements, and other documents related to the acquisition of equipment, goods, and services which are claimed as allowable costs; and
    7. Permit access by the department to the certified public accountant’s audit workpapers which support the audited financial statements required in subdivisions a, c, and d.
  2. Documents or information provided to the department pursuant to this chapter must be public. If the requirements of subsection 1 are not met, the reimbursement rate may be reduced to eighty percent of the rate in effect on the first day of the fourth calendar month after the close of the reporting year, and the reduction must continue until the requirements are met.

Source:

S.L. 1987, ch. 582, § 23; 2001, ch. 430, § 1.

50-24.4-24. Incomplete or inaccurate reports.

The department may reject any annual cost report filed by a nursing home pursuant to this chapter if the department determines that the report or the information required in section 50-24.4-23 has been filed in a form that is incomplete or inaccurate. In the event that a report is rejected pursuant to this chapter, the department may reduce the reimbursement rate to a nursing home to eighty percent of its most recently established rate until the information is completely and accurately filed.

Source:

S.L. 1987, ch. 582, § 24.

50-24.4-25. Extensions.

The department may grant an extension of the reporting deadline, not to exceed thirty days, to a nursing home for good cause.

Source:

S.L. 1987, ch. 582, § 25; 1995, ch. 471, § 1.

50-24.4-26. False reports.

If a nursing home knowingly supplies inaccurate or false information in a required report that results in an overpayment, the department shall:

  1. Immediately adjust the nursing home’s payment rate to recover the entire overpayment within the rate year;
  2. Terminate the department’s agreement with the nursing home;
  3. Prosecute under applicable state or federal law; or
  4. Use any combination of the foregoing actions.

Source:

S.L. 1987, ch. 582, § 26.

50-24.4-27. Medicare certification.

All nursing facilities certified under the medical assistance program shall participate in Medicare part A and part B with respect to at least thirty percent of the beds in the facility unless, after submitting an application, Medicare certification is denied by the federal health care financing administration. The facility shall file on behalf of each patient or assist each patient in the filing of requests for any third-party benefits to which the patient may be entitled. Charges for Medicare-covered services provided to residents who are simultaneously eligible for medical assistance and Medicare must be billed to Medicare part A or part B before billing medical assistance. Medical assistance may be billed only for charges not reimbursed by Medicare.

Source:

S.L. 1987, ch. 582, § 27; 1991, ch. 519, § 1; 2005, ch. 432, § 8.

50-24.4-28. Implementation.

The department shall seek appropriations to implement this chapter during and after the rate year beginning January 1, 1990.

Source:

S.L. 1987, ch. 582, § 28.

50-24.4-29. Geropsychiatric facilities.

The department may select one or more nursing homes within the state to operate a unit that exclusively provides geropsychiatric services. Admission to one of the nursing homes that exclusively provides geropsychiatric services for the purpose of receiving geropsychiatric services may be granted only after the state hospital has performed an evaluation of the individual being admitted which indicates the individual is in need of nursing home geropsychiatric services. If at any time the department determines that the number of approved geropsychiatric units in the state is insufficient to meet the needs, the department may select a geropsychiatric unit based on the experience, qualification, and capacity of the nursing homes that propose to provide geropsychiatric services. The state hospital may not offer geropsychiatric services through a unit set up exclusively to provide those services.

Source:

S.L. 1999, ch. 34, § 15; 2007, ch. 429, § 1; 2013, ch. 382, § 1.

Effective Date.

The 2013 amendment of this section by section 1, ch. 382, S.L. 2013 became effective August 1, 2013.

The 2007 amendment of this section by section 1 of chapter 429, S.L. 2007 became effective March 2, 2007, pursuant to an emergency clause in section 2 of chapter 429, S.L. 2007.

50-24.4-30. Government nursing facility funding pool. [Repealed]

Repealed by S.L. 2005, ch. 436, § 2.

CHAPTER 50-24.5 Aid to Aged, Blind, and Disabled Persons

50-24.5-01. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context otherwise requires:

  1. “Aged” means at least sixty-five years of age.
  2. “Blind” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
  3. “Congregate housing” means housing shared by two or more individuals not related to each other which is not provided in an institution.
  4. “Department” means the department of human services.
  5. “Disabled” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
  6. “Eligible beneficiary” means a resident of this state who:
      1. Is aged; or
      2. Is at least eighteen years of age and is disabled or blind;
      1. Has applied for and is eligible to receive and receives benefits under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving benefits, if the individual is eligible to receive benefits, under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.]; or
      2. Has applied for and is eligible to receive and receives benefits under section 50-24.1-37 for long-term services and supports pursuant to an asset test established under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] and section 50-24.1-02;
    1. Meets the requirements of section 23-09.3-08.1;
    2. Based on a functional assessment, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating and:
      1. Has health, welfare, or safety needs, including a need for supervision or a structured environment; or
      2. Is impaired in three of the following four instrumental activities of daily living: preparing meals, doing housework, taking medicine, and doing laundry; and
    3. Is determined to be eligible pursuant to rules adopted by the department.
  7. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  8. “Institution” means a facility licensed under chapter 23-09.3.
  9. “Living independently” includes living in congregate housing. The term does not include living in an institution.
  10. “Personal needs allowance” means an amount retained by the eligible beneficiary to cover the costs of clothing and other personal needs.
  11. “Proprietor” means an individual responsible for day-to-day administration and management of a facility.
  12. “Remedial care” means services that produce the maximum reduction of an eligible beneficiary’s physical or mental disability and the restoration of an eligible beneficiary to the beneficiary’s best possible functional level.
  13. “Would be eligible to receive the cash benefits except for income” refers to an individual whose countable income, less the cost of necessary remedial care that may be provided under this chapter, does not exceed an amount equal to the cash benefit under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no income, plus the amount allowed as the personal needs allowance.

Source:

S.L. 1993, ch. 2, § 17; 1999, ch. 423, § 2; 2001, ch. 432, § 3; 2001, ch. 433, § 1; 2003, ch. 429, § 2; 2011, ch. 368, § 1; 2015, ch. 347, § 1, effective March 11, 2015; 2017, ch. 339, § 1, effective August 1, 2017; 2019, ch. 391, § 115, effective January 1, 2020.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 339, S.L. 2015 became effective August 1, 2015.

The 2011 amendment of this section by section 1 of chapter 368, S.L. 2011 became effective August 1, 2011.

50-24.5-01. Definitions. [Effective September 1, 2022]

In this chapter, unless the context otherwise requires:

  1. “Aged” means at least sixty-five years of age.
  2. “Blind” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
  3. “Congregate housing” means housing shared by two or more individuals not related to each other which is not provided in an institution.
  4. “Department” means the department of health and human services.
  5. “Disabled” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
  6. “Eligible beneficiary” means a resident of this state who:
      1. Is aged; or
      2. Is at least eighteen years of age and is disabled or blind;
      1. Has applied for and is eligible to receive and receives benefits under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving benefits, if the individual is eligible to receive benefits, under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.]; or
      2. Has applied for and is eligible to receive and receives benefits under section 50-24.1-37 for long-term services and supports pursuant to an asset test established under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] and section 50-24.1-02;
    1. Meets the requirements of section 23-09.3-08.1;
    2. Based on a functional assessment, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating and:
      1. Has health, welfare, or safety needs, including a need for supervision or a structured environment; or
      2. Is impaired in three of the following four instrumental activities of daily living: preparing meals, doing housework, taking medicine, and doing laundry; and
    3. Is determined to be eligible pursuant to rules adopted by the department.
  7. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  8. “Institution” means a facility licensed under chapter 23-09.3.
  9. “Living independently” includes living in congregate housing. The term does not include living in an institution.
  10. “Personal needs allowance” means an amount retained by the eligible beneficiary to cover the costs of clothing and other personal needs.
  11. “Proprietor” means an individual responsible for day-to-day administration and management of a facility.
  12. “Remedial care” means services that produce the maximum reduction of an eligible beneficiary’s physical or mental disability and the restoration of an eligible beneficiary to the beneficiary’s best possible functional level.
  13. “Would be eligible to receive the cash benefits except for income” refers to an individual whose countable income, less the cost of necessary remedial care that may be provided under this chapter, does not exceed an amount equal to the cash benefit under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no income, plus the amount allowed as the personal needs allowance.

Source:

S.L. 1993, ch. 2, § 17; 1999, ch. 423, § 2; 2001, ch. 432, § 3; 2001, ch. 433, § 1; 2003, ch. 429, § 2; 2011, ch. 368, § 1; 2015, ch. 347, § 1, effective March 11, 2015; 2017, ch. 339, § 1, effective August 1, 2017; 2019, ch. 391, § 115, effective January 1, 2020; 2021, ch. 352, § 461, effective September 1, 2022.

50-24.5-02. Powers and duties of the department.

The department shall:

  1. Administer aid to vulnerable aged, blind, and disabled persons and supervise and direct human service zones in the administration of aid to vulnerable aged, blind, and disabled persons.
  2. Supplement, within the limits of legislative appropriation, the income of an eligible beneficiary receiving necessary basic care services to the extent that the eligible beneficiary lacks income sufficient to meet the cost of that care, provided at rates determined by the department adjusted by the inflation rate for basic care services used to develop the legislative appropriation for the department.
  3. Pay qualified basic care providers at rates determined by the department, within the limits of legislative appropriation.
  4. Issue payment to basic care facilities for services provided to an eligible beneficiary.
  5. Take action and give directions necessary to implement this chapter.

Source:

S.L. 1993, ch. 2, § 17; 2001, ch. 432, § 4; 2003, ch. 429, § 3; 2005, ch. 432, § 9; 2011, ch. 368, § 2; 2019, ch. 391, § 116, effective January 1, 2020.

Effective Date.

The 2011 amendment of this section by section 2 of chapter 368, S.L. 2011 became effective August 1, 2011.

50-24.5-02.1. Registration of assisted living facilities. [Repealed]

Repealed by S.L. 2003, ch. 429, § 5.

50-24.5-02.2. Basic care facility private room rates. [Effective through August 31, 2022]

The department of human services shall allow a basic care facility to charge a higher rate for a private room used by a recipient of benefits under this chapter if the private room is not necessary to meet the resident’s care needs; the resident, or a person acting on behalf of the resident, has requested the private room and the facility informs the person making the request, at the time of the request, of the amount of payment and that the payment must come from sources other than a resident’s monthly income; and the payment does not exceed the amount charged to private pay residents.

Source:

S.L. 2001, ch. 12, § 24.

Note.

Section 30 of chapter 12, S.L. 2001, provides in part:

“The department of human services shall authorize the basic care facility private room rate through emergency rulemaking”.

50-24.5-02.2. Basic care facility private room rates. [Effective September 1, 2022]

The department shall allow a basic care facility to charge a higher rate for a private room used by a recipient of benefits under this chapter if the private room is not necessary to meet the resident’s care needs; the resident, or a person acting on behalf of the resident, has requested the private room and the facility informs the person making the request, at the time of the request, of the amount of payment and that the payment must come from sources other than a resident’s monthly income; and the payment does not exceed the amount charged to private pay residents.

Source:

S.L. 2001, ch. 12, § 24; 2021, ch. 352, § 462, effective September 1, 2022.

50-24.5-02.3. Basic care payment rates.

  1. The department shall establish, by rule, procedures for determining rates for the care of residents of basic care facilities that qualify as vendors of an aged, blind, and disabled persons program and for implementing provisions of this chapter. The procedures must be based on methods and standards that the department finds are adequate to recognize the costs that must be incurred for the care of residents in efficiently and economically operated basic care facilities.
  2. The department shall identify costs that are recognized for establishing payment rates.
  3. For the rate year beginning July 1, 2016, the department shall establish the limits by using the average of the highest and lowest rates from the 2014 rate year. The direct care limit must be ninety-five percent of the average and the indirect care limit must be ninety percent of the average. Beginning with the July 1, 2017, rate year, the department shall adjust the limits by using the cost percentage change from the prior two rate years, within the limits of legislative appropriations.
  4. The department shall provide, by rule, within the limits of legislative appropriations, for payment of rates paid by the aged, blind, and disabled persons program for a maximum of thirty days per occurrence for leave days for a resident who is in a licensed health care facility when the resident is expected to return to the facility.
  5. Within the limits of legislative appropriations, the department shall establish an uncompensated care expense of one hundred eighty days.

History. S.L. 2015, ch. 346, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 346, S.L. 2015 became effective August 1, 2015.

50-24.5-03. Powers and duties of human service zone.

Each human service zone, unless otherwise directed or determined by the department, shall:

  1. Administer aid to aged, blind, and disabled persons at the human service zone level under the direction and supervision of the department, pursuant to state requirements.
  2. Provide the services described in this chapter.
  3. Determine eligibility for benefits under this chapter and periodically redetermine eligibility of persons receiving benefits pursuant to this chapter.
  4. Provide case management services to eligible beneficiaries.
  5. Conduct initial and ongoing functional assessments of applicants in cooperation with basic care facilities.
  6. Cooperate with any other human service zone to assure the conduct of initial and ongoing functional assessments and determinations of eligibility with respect to any applicant or eligible beneficiary who is physically present in a human service zone other than the human service zone in which the applicant or eligible beneficiary is a resident for purposes of chapter 50-01.

Source:

S.L. 1993, ch. 2, § 17; 1995, ch. 456, § 21; 2011, ch. 368, § 3; 2019, ch. 391, § 117, effective January 1, 2020.

Effective Date.

The 2011 amendment of this section by section 3 of chapter 368, S.L. 2011 became effective August 1, 2011.

50-24.5-04. Services provided — Limit on cost.

Services provided under this chapter must be treated as necessary remedial care to the extent those services are not covered under the medical assistance program. The cost of the services provided under this chapter to a person residing in a basic care facility for which the rate charged includes room and board is limited to the rate set for services in that facility, plus the amount allowed as the personal needs allowance, less that person’s total income.

Source:

S.L. 1993, ch. 2, § 17; 2001, ch. 432, § 6; 2009, ch. 12, § 21; 2009, ch. 15, § 16; 2011, ch. 368, § 4.

Effective Date.

The 2011 amendment of this section by section 4 of chapter 368, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 21 of chapter 12, S.L. 2009 became effective July 1, 2009.

The 2009 amendment of this section by section 16 of chapter 15, S.L. 2009 became effective July 1, 2009.

50-24.5-05. Applicant’s or guardian’s duty to establish eligibility.

The applicant or guardian of the applicant shall provide information sufficient to establish eligibility for benefits, including a social security number and proof of age, identity, residence, blindness, disability, functional limitation, and financial eligibility for each month for which benefits are sought.

Source:

S.L. 1993, ch. 2, § 17.

50-24.5-06. Appropriation of county funds — Reimbursement by department — Reimbursement by county agency. [Repealed]

Repealed by S.L. 1997, ch. 403, § 13.

50-24.5-07. Residency.

For purposes of this chapter:

  1. A person is a resident of this state if:
    1. The person is not living in an institution and is living in this state:
      1. With intent to remain in this state permanently or for an indefinite period; or
      2. Without intent if the person is incapable of stating intent.
    2. The person is living in an institution outside this state and was receiving a benefit under chapter 50-01 on January 1, 1995.
    3. The person was placed in an out-of-state institution by a human service zone or the department while the person was incapable of indicating intent.
    4. The person is living in an in-state institution, has lived in that institution for at least thirty days, and was not placed in that institution by another state. A person placed in an institution by another state is a resident of the state making the placement. Any action beyond providing information to the person and the person’s family constitutes arranging or making a state placement. However, the following actions do not constitute state placement:
      1. Providing basic information about this chapter and information about the availability of this chapter; or
      2. Assisting a person in locating an institution in this state, if the person is capable of indicating intent and independently decides to move.
  2. A person who is a resident of this state is a resident of the human service zone in which the person is a resident for purposes of chapter 50-01.

Source:

S.L. 1993, ch. 2, § 17; 1995, ch. 456, § 23; 2019, ch. 391, § 118, effective January 1, 2020.

50-24.5-08. Department has preferred claim against estate.

Funds used to provide services to an eligible beneficiary may not be considered as gifts. The department has a preferred claim against the estate of any person for recovery of funds expended under this chapter for that person or that person’s spouse or minor children. No statute of limitations or similar statute nor the doctrine of laches bars a claim under this chapter.

Source:

S.L. 1995, ch. 461, § 9.

50-24.5-09. Responsibility for expenditures.

Expenditures required under this chapter are the responsibility of the state of North Dakota.

Source:

S.L. 1997, ch. 403, § 12; 2019, ch. 391, § 119, effective January 1, 2020.

50-24.5-10. Compensation for top management personnel — Department to adopt emergency rules. [Effective through August 31, 2022]

Notwithstanding the requirements of subsection 2 of section 28-32-03, the department of human services has the authority to create emergency rules related to the compensation for top management personnel of a basic care facility combined with a hospital.

Source:

S.L. 2011, ch. 367, § 1.

Effective Date.

This section became effective April 25, 2011, pursuant to an emergency clause in section 2 of chapter 367, S.L. 2011.

50-24.5-10. Compensation for top management personnel — Department to adopt emergency rules. [Effective September 1, 2022]

Notwithstanding the requirements of subsection 2 of section 28-32-03, the department has the authority to create emergency rules related to the compensation for top management personnel of a basic care facility combined with a hospital.

Source:

S.L. 2011, ch. 367, § 1; 2021, ch. 352, § 463, effective September 1, 2022.

CHAPTER 50-24.6 Medical Assistance Drug Use Review and Authorization

50-24.6-01. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Board” means the drug use review board.
  2. “Compendium” means the American hospital formulary service drug information, United States pharmacopeia-drug information, the DRUGDEX information system, American medical association drug evaluations, or nonproprietary peer-reviewed medical literature.
  3. “Department” means the department of human services.
  4. “Drug use review” means a program as described in 42 U.S.C. 1396r-8(g)(2).
  5. “Drug use review criteria” means standards approved by the board for use in determining whether use of a drug is likely to be medically appropriate, to be medically necessary, and not result in adverse medical outcomes.
  6. “Prior authorization” means a process requiring the prescriber or the dispenser to verify with the department or the department’s contractor that proposed medical use of a particular drug for a medical assistance program recipient meets predetermined criteria for coverage by the medical assistance program.

Source:

S.L. 2003, ch. 430, § 1.

50-24.6-01. Definitions. [Effective September 1, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Board” means the drug use review board.
  2. “Compendium” means the American hospital formulary service drug information, United States pharmacopeia-drug information, the DRUGDEX information system, American medical association drug evaluations, or nonproprietary peer-reviewed medical literature.
  3. “Department” means the department of health and human services.
  4. “Drug use review” means a program as described in 42 U.S.C. 1396r-8(g)(2).
  5. “Drug use review criteria” means standards approved by the board for use in determining whether use of a drug is likely to be medically appropriate, to be medically necessary, and not result in adverse medical outcomes.
  6. “Prior authorization” means a process requiring the prescriber or the dispenser to verify with the department or the department’s contractor that proposed medical use of a particular drug for a medical assistance program recipient meets predetermined criteria for coverage by the medical assistance program.

Source:

S.L. 2003, ch. 430, § 1; 2021, ch. 352, § 464, effective September 1, 2022.

50-24.6-02. Drug use review board.

  1. The board is established within the department for the implementation of a drug use review program.
  2. The board consists of seventeen members. The pharmacy administrator of the department and the medical consultant to the department are ex officio nonvoting board members who shall provide administrative services to the board. A majority of the appointed members must be physicians and pharmacists participating in the medical assistance program. Four or more of the appointed members must have experience with a drug use review process or have participated in programs in which prior authorization is used. The appointed members of the board must be:
    1. Four physicians licensed in this state and actively engaged in the practice of medicine, one of whom is a psychiatrist, appointed by the North Dakota medical association;
    2. Two physicians licensed in this state and actively engaged in the practice of medicine, appointed by the executive director of the department;
    3. Four pharmacists licensed in this state and actively engaged in the practice of pharmacy, appointed by the North Dakota pharmaceutical association;
    4. Two pharmacists licensed in this state and actively engaged in the practice of pharmacy, appointed by the executive director of the department;
    5. One individual who represents consumer interests, appointed by the governor;
    6. One pharmacist or physician representing the brand pharmaceutical industry appointed by the pharmaceutical research and manufacturers of America; and
    7. One pharmacist or physician representing the generic pharmaceutical industry appointed by the generic pharmaceutical association.
  3. Appointed board members shall serve staggered three-year terms. An appointed member may be reappointed for a period not to exceed three 3-year terms. A vacancy on the board must be filled for the balance of the unexpired term from the appropriate board category as provided under subsection 2. The executive director of the department may replace an appointed member of the board who fails to attend three consecutive meetings of the board without advance excuse or who fails to perform the duties expected of a board member. The pharmaceutical industry representatives are nonvoting board members.
  4. Voting board members shall select a chairman and a vice chairman on an annual basis from the board’s voting membership.
  5. The board shall meet in person at least once every three months and may meet at other times by teleconference or electronically at the discretion of the chairman. A board member is entitled to receive from the department per diem compensation and reimbursement of expenses as determined by the department, except that no compensation under this section may be paid to any board member who receives compensation or salary as a state employee or official.

Source:

S.L. 2003, ch. 430, § 2; 2005, ch. 433, § 1; 2009, ch. 433, § 1.

Effective Date.

The 2009 amendment of this section by section 1 of chapter 433, S.L. 2009 became effective August 1, 2009.

50-24.6-03. Duties of the board.

The board shall:

  1. Cooperate with the department to create and implement a prospective and retrospective drug use review program for outpatient prescription drugs under the medical assistance program. This drug use review program must be based on a compendium and drug use review criteria and must comply with 42 U.S.C. 1396r-8(g)(3).
  2. Advise and make recommendations regarding any rule proposed for adoption by the department to implement the provisions of state and federal law related to drug use review.
  3. Receive and consider information regarding the drug use review process which is provided by the department and by interested parties, including prescribers who treat significant numbers of patients under the department’s medical assistance program.
  4. Review and recommend to the department any drugs to be included on prior authorization status.
  5. Review no less than once each year the status of the list of drugs that have been placed on prior authorization.
  6. Review and approve the prior authorization program process used by the department, including the process to accommodate the provision of a drug benefit in an emergency situation.
  7. Propose remedial strategies to improve the quality of care and to promote effective use of medical assistance program funds or recipient expenditures.

Source:

S.L. 2003, ch. 430, § 3.

50-24.6-04. Prior authorization program.

  1. The department shall develop and implement a prior authorization program that meets the requirements of 42 U.S.C. 1396r-8(d) to determine coverage of drug products when a medical assistance recipient’s health care provider prescribes a drug that is identified as requiring prior authorization. Authorization must be granted for provision of the drug if:
    1. The drug not requiring prior authorization has not been effective, or with reasonable certainty is not expected to be effective, in treating the recipient’s condition;
    2. The drug not requiring prior authorization causes or is reasonably expected to cause adverse or harmful reactions to the health of the recipient; or
    3. The drug is prescribed for a medically accepted use supported by a compendium or by approved product labeling unless there is a therapeutically equivalent drug that is available without prior authorization.
  2. For any drug placed on the prior authorization program, the department shall provide medical and clinical criteria, cost information, and utilization data to the drug use review board for review and consideration. The board may consider department data and information from other sources to make a decision about placement of the drug on prior authorization.
    1. For individuals twenty-one years of age and older, except for quantity limits that may be no less than the pharmaceutical manufacturer’s package insert, brand name drugs with a generic equivalent drug for which the cost to the state postrebate is less than the brand name drugs, generic drugs with a brand name equivalent drug for which the cost to the state postrebate is less than the generic drug, or medications that are considered line extension drugs, the department may not prior authorize the following medication classes:
      1. Antipsychotics;
      2. Antidepressants;
      3. Anticonvulsants;
      4. Antiretrovirals, for the treatment of human immunodeficiency virus;
      5. Antineoplastic agents, for the treatment of cancer; and
      6. Stimulant medication used for the treatment of attention deficit disorder and attention deficit hyperactivity disorder, except an individual who prescribes this medication at a rate two times higher than the rate of the top ten prescribers excluding the top prescriber may be subject to prior authorization.
    2. For individuals under twenty-one years of age, except for quantity limits that may be no less than the pharmaceutical manufacturer’s package insert, brand name drugs with a generic equivalent drug for which the cost to the state postrebate is less than the brand name drugs, generic drugs with a brand name equivalent drug for which the cost to the state postrebate is less than the generic drug, or medications that are considered line extension drugs, the department may not prior authorize the following medication classes:
      1. Antipsychotics;
      2. Antidepressants;
      3. Anticonvulsants;
      4. Antiretrovirals, for the treatment of human immunodeficiency virus;
      5. Antineoplastic agents, for the treatment of cancer; and
      6. Stimulant medication used for the treatment of attention deficit hyperactivity disorder.
    3. The restrictions of subdivision b do not apply for individuals under twenty-one years of age, who have five or more concurrent prescriptions for psychotropic medications.
    4. Prior authorization for individuals under twenty-one years of age is required for five or more concurrent prescriptions for antipsychotics, antidepressants, anticonvulsants, benzodiazepines, mood stabilizers, sedative, hypnotics, or medications used for the treatment of attention deficit hyperactivity disorder. The department shall grant authorization to exceed the limits after a prescriber requesting authorization consults with a board certified pediatric psychiatrist approved by the department.
    5. The restrictions of this subsection do not apply if prior authorization is required by the centers for Medicare and Medicaid services.
    6. As used in this subsection, “line extension drug” means a new formulation of a drug. The term does not include an abuse-deterrent formulation of a drug.
  3. The department may use contractors to collect and analyze the documentation required under this section and to facilitate the prior authorization program.
  4. The department shall consult with the board in the course of adopting rules to implement the prior authorization program. The rules must:
    1. Establish policies and procedures necessary to implement the prior authorization program.
    2. Develop a process that allows prescribers to furnish documentation required to obtain approval for a drug without interfering with patient care activities.
    3. Allow the board to establish panels of physicians and pharmacists which provide expert guidance and recommendations to the board in considering specific drugs or therapeutic classes of drugs to be included in the prior authorization program.
  5. The department may negotiate additional rebates from drug manufacturers to supplement the rebates required by federal law governing the medical assistance program. Additionally, the department may join a multistate supplemental drug rebate pool, and if the department negotiates additional rebates outside this pool, any other manufacturer must be allowed to match those rebates.

Source:

S.L. 2003, ch. 430, § 4; 2005, ch. 433, § 2; 2007, ch. 430, § 1; 2009, ch. 433, § 2; 2015, ch. 342, § 2, effective August 1, 2015; 2017, ch. 340, § 1, effective August 1, 2017; 2019, ch. 413, § 1, effective August 1, 2019; 2021, ch. 375, § 1, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 342, S.L. 2015 became effective August 1, 2015.

The 2009 amendment of this section by section 2 of chapter 433, S.L. 2009 became effective August 1, 2009.

The 2007 amendment of this section by section 1 of chapter 430, S.L. 2007 became effective August 1, 2007.

50-24.6-05. Public notice — Applicability.

  1. The department shall provide thirty days’ notice of all meetings of the board. The notice requirement is met if the department provides notice of the meeting on the department’s website and provides, by written or electronic means, individual notice to each person that has requested such notice. If the meeting agenda includes board consideration of a change to the prior authorization program, the department shall include in the notice a list of the affected drugs, and upon request the board shall provide background information. Any interested party may attend a meeting of the board and provide information or recommendations related to the inclusion of a drug in a prior authorization program.
  2. The department shall post on the department’s website:
    1. The most current and applicable list of drugs requiring prior authorization, together with any limits on coverage of these drugs.
    2. In downloadable format, forms necessary to complete prior authorization requests.
    3. Decisions regarding changes to the prior authorization program list. The department shall allow a period of no less than thirty days for public comment following posting on the website.
    4. Meeting notice.
  3. The department may not discontinue the provision of prescription drug benefits being provided to medical assistance recipients before April 14, 2003, based solely on the subsequent placement of the drug on the prior authorization program.

Source:

S.L. 2003, ch. 430, § 5.

50-24.6-06. Grievances. [Expired]

Expired under S.L. 2003, ch. 430, § 12.

50-24.6-07. Appeals.

A medical assistance recipient who is aggrieved by the placement of a drug on prior authorization may appeal as authorized under chapter 28-32.

Source:

S.L. 2003, ch. 430, § 7.

50-24.6-08. Financial incentives prohibited.

The department may not offer or pay, directly or indirectly, any material inducement, bonus, or other financial incentive to a participating provider based on the denial or delay of medically necessary and appropriate prescription drug therapy or based on a reduction in the proportion of recipients who receive prescription drug therapy under the medical assistance program.

Source:

S.L. 2003, ch. 430, § 8.

50-24.6-09. Maximum allowable costs and use of edits.

To promote efficiency and savings in the department’s service to eligible medical assistance program recipients, the department shall create and implement the broadest possible list of drugs that can be paid at the maximum allowable costs. To further promote efficiency and savings, the department shall maximize use of edit programs that pertain to payment of medical assistance program pharmaceutical claims. Upon request of a member of the legislative assembly, the department shall provide to that member a summary of edit programs available to the medical assistance program and a description of the department’s progress in implementing the edit programs.

Source:

S.L. 2003, ch. 430, § 9.

50-24.6-10. Adoption of rules.

The department shall adopt rules to implement this chapter.

Source:

S.L. 2003, ch. 430, § 10.

CHAPTER 50-24.7 Expanded Service Payments For Elderly and Disabled

50-24.7-01. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context otherwise requires:

  1. “Aged” means at least sixty-five years of age.
  2. “Blind” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
  3. “Department” means the department of human services.
  4. “Disabled” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
  5. “Eligible beneficiary” means a resident of this state who:
      1. Is aged; or
      2. Is at least eighteen years of age and is disabled or blind;
    1. Has applied for and is eligible to receive benefits under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving benefits, if the individual is eligible to receive benefits, under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.];
    2. Based on a functional assessment, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating and:
      1. Has health, welfare, or safety needs, including a need for supervision or a structured environment; or
      2. Is impaired in three of the four instrumental activities of daily living of preparing meals, doing homework, taking medicine, and doing laundry;
    3. Has countable income, less the cost of necessary remedial care that may be provided under this chapter, does not exceed an amount equal to the cash benefit under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no income, plus the personal needs allowance;
    4. Has impairments that are not the result of an intellectual disability; and
    5. Is determined to be eligible pursuant to rules adopted by the department.
  6. “Family home care” means the provision of room, board, supervisory care, and personal services to an eligible elderly or disabled person by the spouse or by one of the following relatives, or the current or former spouse of one of the following relatives, of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew. The family home care provider need not be present in the home on a twenty-four-hour basis if the welfare and safety of the client is maintained.
  7. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  8. “Qualified service provider” means a human service zone or independent contractor who agrees to meet standards for services and operations established by the department.
  9. “Remedial care” means services that produce the maximum reduction of an eligible beneficiary’s physical or mental disability and the restoration of an eligible beneficiary to the beneficiary’s best possible functional level.

Source:

S.L. 2011, ch. 368, § 5; 2013, ch. 12, § 9; 2019, ch. 391, § 120, effective January 1, 2020.

Effective Date.

The 2013 amendment of this section by section 9 of chapter 12, S.L. 2013 became effective July 1, 2013.

This chapter became effective August 1, 2011.

50-24.7-01. Definitions. [Effective September 1, 2022]

In this chapter, unless the context otherwise requires:

  1. “Aged” means at least sixty-five years of age.
  2. “Blind” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
  3. “Department” means the department of health and human services.
  4. “Disabled” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
  5. “Eligible beneficiary” means a resident of this state who:
      1. Is aged; or
      2. Is at least eighteen years of age and is disabled or blind;
    1. Has applied for and is eligible to receive benefits under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving benefits, if the individual is eligible to receive benefits, under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.];
    2. Based on a functional assessment, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating and:
      1. Has health, welfare, or safety needs, including a need for supervision or a structured environment; or
      2. Is impaired in three of the four instrumental activities of daily living of preparing meals, doing homework, taking medicine, and doing laundry;
    3. Has countable income, less the cost of necessary remedial care that may be provided under this chapter, does not exceed an amount equal to the cash benefit under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no income, plus the personal needs allowance;
    4. Has impairments that are not the result of an intellectual disability; and
    5. Is determined to be eligible pursuant to rules adopted by the department.
  6. “Family home care” means the provision of room, board, supervisory care, and personal services to an eligible elderly or disabled person by the spouse or by one of the following relatives, or the current or former spouse of one of the following relatives, of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew. The family home care provider need not be present in the home on a twenty-four-hour basis if the welfare and safety of the client is maintained.
  7. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  8. “Qualified service provider” means a human service zone or independent contractor who agrees to meet standards for services and operations established by the department.
  9. “Remedial care” means services that produce the maximum reduction of an eligible beneficiary’s physical or mental disability and the restoration of an eligible beneficiary to the beneficiary’s best possible functional level.

Source:

S.L. 2011, ch. 368, § 5; 2013, ch. 12, § 9; 2019, ch. 391, § 120, effective January 1, 2020; 2021, ch. 352, § 465, effective September 1, 2022.

50-24.7-02. Powers and duties of the department.

  1. The department shall administer expanded service payments for elderly and disabled and supervise and direct human service zones in the administration of expanded service payments for elderly and disabled.
  2. The department shall pay qualified service providers at rates determined by the department, within limits of legislative appropriation, for the provision of the following services provided to eligible individuals:
    1. Adult day care;
    2. Adult family foster care;
    3. Case management;
    4. Chore services;
    5. Family home care;
    6. Homemaker services;
    7. Nonmedical transportation;
    8. Respite care; and
    9. Other services the department determines to be essential and appropriate to sustain an individual in the individual’s home and community and to delay or prevent institutional care.
  3. The department shall take actions, give directions, and adopt rules as necessary to carry out the provisions of this chapter.
  4. An overpayment, whether resulting from an eligible beneficiary’s or eligible beneficiary’s legal representative’s concealment, misrepresentation, or fraud, or from assistance granted pending a decision on an appeal adverse to the appellant, and whenever made, is subject to recovery by the department. An overpayment may be collected from any person that benefited from, or that was responsible for, the overpayment. A statute of limitations or similar statute or the doctrine of laches does not bar a claim under this chapter.

Source:

S.L. 2011, ch. 368, § 5; 2017, ch. 336, § 2, effective August 1, 2017; 2019, ch. 391, § 121, effective January 1, 2020.

50-24.7-03. Powers and duties of human service zone.

Each human service zone, unless otherwise directed or determined by the department, shall:

  1. Administer expanded service payments for elderly and disabled at the human service zone level under the direction and supervision of the department, pursuant to state requirements.
  2. Provide the services described in this chapter. The human service zone may contract with a qualified service provider in the provision of those services.
  3. Determine eligibility for benefits under this chapter and periodically redetermine eligibility of persons receiving benefits pursuant to this chapter.
  4. Provide case management services to eligible beneficiaries.
  5. Conduct initial and ongoing functional assessments of applicants.

Source:

S.L. 2011, ch. 368, § 5; 2019, ch. 391, § 122, effective January 1, 2020.

50-24.7-04. Applicant’s or guardian’s duty to establish eligibility.

The applicant or guardian of the applicant shall provide information sufficient to establish eligibility for benefits, including a social security number and proof of age, identity, residence, blindness, disability, functional limitation, and financial eligibility for each month for which benefits are sought.

Source:

S.L. 2011, ch. 368, § 5.

50-24.7-05. Department has preferred claim against estate.

Funds used to provide services to an eligible beneficiary may not be considered as gifts. The department has a preferred claim against the estate of any person for recovery of funds expended under this chapter for that person or that person’s spouse or minor children. No statute of limitations or similar statute nor the doctrine of laches bars a claim under this chapter.

Source:

S.L. 2011, ch. 368, § 5.

50-24.7-06. Responsibility for expenditures.

Expenditures required under this chapter are the responsibility of the state of North Dakota.

Source:

S.L. 2011, ch. 368, § 5; 2019, ch. 391, § 123, effective January 1, 2020.

50-24.7-07. Expanded service payments for elderly and disabled — Independent home and community-based services case manager — Pilot program. [Expired]

Source:

S.L. 2013, ch. 374, § 3; Expired under S.L. 2013, ch. 374, § 4.

50-24.7-08. Intensive care coordination — Pilot project.

The department may establish an intensive care coordination pilot project under the home and community-based service options for older adults and individuals with physical disabilities.

Source:

S.L. 2019, ch. 414, § 1, effective August 1, 2019.

CHAPTER 50-24.8 Medicaid Fraud Control Unit

Source:

S.L. 2019, sb2347, § 1, effective August 1, 2019.

50-24.8-01. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Benefit” means the provision of anything of pecuniary value under the Medicaid program.
  2. “Claim” means:
    1. Any request or demand, whether under a contract or otherwise, for money or property under the Medicaid program regardless of whether the state has title to the money or property which is:
      1. Presented to an officer, employee, or agent of the state; or
      2. Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state’s behalf or to advance a state program or interest, and if the state:
        1. Provides or has provided any portion of the money or property requested or demanded; or
        2. Will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.
    2. A claim does not include requests or demands for money or property the state has paid to an individual as compensation for state employment or as an income subsidy with no restrictions on that individual’s use of the money or property.
  3. “Department” means the department of human services.
  4. “Document” means an application, claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, or other form.
  5. “Fraud” means any conduct or activity prohibited by law or rule involving knowing conduct or omission to perform a duty that results in or may result in payments to which the person is not entitled.
  6. “Knowingly” means “knowingly” as defined in section 12.1-02-02.
  7. “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
  8. “Medicaid agency” means an agency or entity of state, county, or local government which administers any part of the Medicaid program, whether under direct statutory authority or under contract with an authorized agency of the state or federal government.
  9. “Misappropriation of patient property” means exploitation, deliberate misplacement, or wrongful use or taking of a patient’s property, whether temporary or permanent, without authorization by the patient or the patient’s designated representative. The term includes conduct with respect to a patient’s property, which would constitute a criminal offense under chapter 12.1-23.
  10. “Obligation” means an established duty, whether fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.
  11. “Patient abuse” means the willful infliction of physical or mental injury of a patient or unreasonable confinement, intimidation, or punishment that results in pain, physical or mental harm, or mental anguish of a patient. The term includes conduct with respect to a patient which would constitute a criminal offense under chapter 12.1-16, 12.1-17, 12.1-18, 12.1-20, or 12.1-22.
  12. “Patient neglect” means a failure, through inattentiveness, carelessness, or other omission, to provide to a patient goods and services necessary to avoid physical harm, mental anguish, or mental illness if an omission is not caused by factors beyond the person’s control or by good-faith errors in judgment. The term includes conduct with respect to a patient which would constitute a criminal offense under section 12.1-17-03.
  13. “Provider” means a person that furnishes items or services for which payment is claimed under the Medicaid program.
  14. “Record” means medical, professional, business, or financial information and documents, whether in written, electronic, magnetic, microfilm, or other form:
    1. Pertaining to the provision of treatment, care, services, or items to a recipient;
    2. Pertaining to the income and expenses of the provider; or
    3. Otherwise relating to or pertaining to a determination of entitlement to payment or reimbursement under the Medicaid program.

Source:

S.L. 2019, ch. 415, § 1, effective August 1, 2019.

50-24.8-01. Definitions. [Effective September 1, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Benefit” means the provision of anything of pecuniary value under the Medicaid program.
  2. “Claim” means:
    1. Any request or demand, whether under a contract or otherwise, for money or property under the Medicaid program regardless of whether the state has title to the money or property which is:
      1. Presented to an officer, employee, or agent of the state; or
      2. Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state’s behalf or to advance a state program or interest, and if the state:
        1. Provides or has provided any portion of the money or property requested or demanded; or
        2. Will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.
    2. A claim does not include requests or demands for money or property the state has paid to an individual as compensation for state employment or as an income subsidy with no restrictions on that individual’s use of the money or property.
  3. “Department” means the department of health and human services.
  4. “Document” means an application, claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, or other form.
  5. “Fraud” means any conduct or activity prohibited by law or rule involving knowing conduct or omission to perform a duty that results in or may result in payments to which the person is not entitled.
  6. “Knowingly” means “knowingly” as defined in section 12.1-02-02.
  7. “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
  8. “Medicaid agency” means an agency or entity of state, county, or local government which administers any part of the Medicaid program, whether under direct statutory authority or under contract with an authorized agency of the state or federal government.
  9. “Misappropriation of patient property” means exploitation, deliberate misplacement, or wrongful use or taking of a patient’s property, whether temporary or permanent, without authorization by the patient or the patient’s designated representative. The term includes conduct with respect to a patient’s property, which would constitute a criminal offense under chapter 12.1-23.
  10. “Obligation” means an established duty, whether fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.
  11. “Patient abuse” means the willful infliction of physical or mental injury of a patient or unreasonable confinement, intimidation, or punishment that results in pain, physical or mental harm, or mental anguish of a patient. The term includes conduct with respect to a patient which would constitute a criminal offense under chapter 12.1-16, 12.1-17, 12.1-18, 12.1-20, or 12.1-22.
  12. “Patient neglect” means a failure, through inattentiveness, carelessness, or other omission, to provide to a patient goods and services necessary to avoid physical harm, mental anguish, or mental illness if an omission is not caused by factors beyond the person’s control or by good-faith errors in judgment. The term includes conduct with respect to a patient which would constitute a criminal offense under section 12.1-17-03.
  13. “Provider” means a person that furnishes items or services for which payment is claimed under the Medicaid program.
  14. “Record” means medical, professional, business, or financial information and documents, whether in written, electronic, magnetic, microfilm, or other form:
    1. Pertaining to the provision of treatment, care, services, or items to a recipient;
    2. Pertaining to the income and expenses of the provider; or
    3. Otherwise relating to or pertaining to a determination of entitlement to payment or reimbursement under the Medicaid program.

Source:

S.L. 2019, ch. 415, § 1, effective August 1, 2019; 2021, ch. 352, § 466, effective September 1, 2022.

50-24.8-02. Liability for certain acts — Civil penalty.

  1. Except as provided in subsections 2 and 3, a person is liable to the state for a civil penalty of not less than one thousand dollars and not more than ten thousand dollars for each act specified in this section, three times the amount of damages the state sustains because of the person’s act, and costs of the investigation and litigation fees, if the person:
    1. Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval;
    2. Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
    3. Conspires to commit a violation of this section;
    4. Has possession, custody, or control of public property or money used or to be used by the state and knowingly delivers or causes to be delivered less than all of that money or property;
    5. Is authorized to make or deliver a document certifying receipt of property used or to be used by the state and, with the intent to defraud the state, makes or delivers a receipt without completely knowing the information on the receipt is true; or
    6. Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state.
  2. The court may assess not less than two times the amount of damages the state sustains because of the act of the person and the person is liable to the state for the costs of the civil action brought to recover any such penalty or damages if the court finds:
    1. The person committing the act furnished the attorney general with all information known to that person about the act within thirty days after the date on which the person first obtained the information;
    2. The person fully cooperated with any investigation of the act by the attorney general; and
    3. At the time the person furnished the attorney general with information about the act, a criminal prosecution, civil action, or administrative action had not been commenced with respect to the act and the person did not have actual knowledge of the existence of an investigation into the violation.
  3. If the total claim made or presented by a person under subsection 1 is less than one hundred thousand dollars, the civil penalty for which the person is liable may not be more than fifteen percent of the total claim submitted.

Source:

S.L. 2019, ch. 415, § 2, effective August 1, 2019.

50-24.8-03. Limitation of actions.

  1. A civil action filed under this chapter must be brought by the later of:
    1. Six years after the date on which the violation was committed; or
    2. Three years after the date facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances.
  2. An action may not be brought pursuant to subdivision b of subsection 1 more than ten years after the date on which the violation was committed.

Source:

S.L. 2019, ch. 415, § 3, effective August 1, 2019.

50-24.8-04. Investigation and action by attorney general.

The attorney general's Medicaid fraud control unit shall investigate an alleged violation of this chapter and may file a civil action, a criminal action, or both against any person that violated or is violating this chapter.

Source:

S.L. 2019, ch. 415, § 4, effective August 1, 2019.

50-24.8-05. Burden of proof.

The standard of proof in a civil action brought under this chapter is the preponderance of the evidence.

Source:

S.L. 2019, ch. 415, § 5, effective August 1, 2019.

50-24.8-06. Effect of criminal conviction.

A defendant convicted in any criminal proceeding under this chapter is precluded from subsequently denying the essential elements of the criminal offense of which the defendant was convicted in any civil proceeding. For purposes of this section, a conviction may result from a verdict or plea of guilty.

Source:

S.L. 2019, ch. 415, § 6, effective August 1, 2019.

50-24.8-07. Costs and attorney’ s fees.

If the state favorably settles or prevails in a civil action in which the state intervened or filed, the state is entitled to be awarded reasonable expenses, consultant and expert witness fees, costs, and attorney’s fees. In an action in which outside counsel is engaged by the attorney general, the costs and attorney’s fees awarded to that counsel must equal the outside counsel’s charges reasonably incurred for costs and attorney’s fees in prosecuting the action. The expenses, fees, and costs must be awarded against the defendant. The state is not liable for costs, attorney’s fees, or other expenses incurred by a person in bringing or defending an action under this chapter.

Source:

S.L. 2019, ch. 415, § 7, effective August 1, 2019.

50-24.8-08. Relief from retaliatory actions.

  1. An employee, contractor, or agent is entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this chapter or other efforts to stop one or more violations of this chapter.
  2. Relief under subsection 1 includes reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney’s fees. An action under this section may be brought in the appropriate district court for the relief provided in this subsection.
  3. A civil action under this section may not be brought more than three years after the date the retaliation occurred.

Source:

S.L. 2019, ch. 415, § 8, effective August 1, 2019.

50-24.8-09. Medicaid fraud control unit.

The Medicaid fraud control unit is established as a division of the attorney general’s office. The Medicaid fraud control unit, which is under the supervision and control of the attorney general, consists of the agents and employees the attorney general considers necessary and appropriate. The Medicaid fraud control unit is a criminal justice agency within the meaning of section 12-60-16.1. Agents designated by the attorney general have peace officer status and authority, including the authority of search, seizure, and arrest. All recovered money will be forwarded to the designated state Medicaid agency for appropriate allocation between the federal government and the general fund. The portion of state match appropriations for the Medicaid fraud control unit will be appropriated from the general fund.

Source:

S.L. 2019, ch. 415, § 9, effective August 1, 2019.

50-24.8-10. Powers and duties of Medicaid fraud control unit.

  1. The Medicaid fraud control unit shall:
    1. Investigate and prosecute under applicable criminal or civil laws fraud and patient abuse or neglect by providers or any other person, including cases referred by the department;
    2. Review complaints of patient abuse, patient neglect, and misappropriation of patient property and, if appropriate, investigate and initiate criminal or civil proceedings or refer the complaint to another federal, state, or local agency for action;
    3. Refer to the department for collection and, if appropriate, imposition of appropriate provider administrative actions involving provider overpayments and abuse;
    4. Communicate and cooperate with and, subject to applicable confidentiality laws, provide information to other federal, state, and local agencies involved in the investigation and prosecution of health care fraud, patient abuse, and other improper activities related to the Medicaid program;
    5. Transmit to other state and federal agencies, in accordance with law, reports of convictions, copies of judgments and sentences imposed and other information and documents for purposes of program exclusions or other sanctions or penalties under Medicaid, Medicare, or other state or federal benefit or assistance programs;
    6. Recommend to state agencies appropriate or necessary adoption or revision of laws, rules, policies, and procedures to prevent fraud, abuse, and other improper activities under the Medicaid program and to aid in the investigation and prosecution of fraud, abuse, and other improper activities under the Medicaid program; and
    7. Enter an agreement with the Medicaid agency regarding referrals, information sharing, and improper payment recoveries as provided in title 42, Code of Federal Regulations, part 455, section 23.
  2. The Medicaid fraud control unit may:
    1. Initiate criminal prosecutions and civil actions pursuant to subsection 1 in any court of competent jurisdiction in the state;
    2. Upon request, obtain information and records from applicants, recipients, and providers;
    3. Subject to applicable federal confidentiality laws and rules and for purposes related to any investigation or prosecution under subsection 1, obtain from the department, local offices of public assistance, and other local, county, or state government departments or agencies records and other information, including applications, provider enrollment forms, claims and reports, individual or entity tax returns, or other information provided to or in the possession of the tax commissioner or the state auditor;
    4. Refer appropriate cases to federal, other state, or local agencies for investigation, prosecution, or imposition of penalties, restrictions, or sanctions;
    5. Work cooperatively with federal agencies; and
    6. Enter agreements with the department and other federal, state, and local agencies in furtherance of the unit’s mission.

Source:

S.L. 2019, ch. 415, § 10, effective August 1, 2019.

50-24.8-11. Medicaid fraud — Criminal penalty.

  1. A person commits a criminal offense under this section if the person knowingly:
    1. Presents for allowance, for payment, or for the purpose of concealing, avoiding, or decreasing an obligation to pay a false or fraudulent medical assistance claim, bill, account, voucher, or writing to a public agency, public servant, or contractor authorized to allow or pay medical assistance claims;
    2. Solicits, accepts, offers, or provides any remuneration, including a kickback, bribe, or rebate in exchange for purchasing, leasing, ordering, arranging for, or recommending the purchasing, leasing, or ordering of any services or items from a provider for which payment may be made under the Medicaid program;
    3. Solicits, accepts, offers, or provides any remuneration, including a kickback, bribe, or rebate in exchange for a fee for referring a recipient to another provider or arranging for the furnishing of services or items for which payment may be made under the Medicaid program;
    4. Fails or refuses to provide covered medically necessary services to eligible recipients as required with respect to a managed care contract, health maintenance organization contract, or similar contract or subcontract under the Medicaid program; or
    5. Conspires with another person to commit a violation of this section.
  2. Conduct or activity that does not violate or which is protected under the provisions of, or federal regulations adopted under 42 U.S.C. 1395nn and 42 U.S.C. 1320a-7b(b), is not considered an offense under subdivision b of subsection 1, and the conduct or activity must be accorded the same protections allowed under federal laws and regulations.
  3. A person convicted of this offense involving payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claims not exceeding one thousand dollars in value is guilty of a class A misdemeanor.
  4. Notwithstanding subsection 3, if the value of the payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claims of the Medicaid fraud were part of a common scheme and exceed one thousand dollars in value, a violation of this chapter is a class C felony.
  5. Notwithstanding subsection 3, if the value of the payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claims of the Medicaid fraud were part of a common scheme and exceed ten thousand dollars in value but do not exceed fifty thousand dollars, a violation of this chapter is a class B felony.
  6. Notwithstanding subsection 3, if the value of the payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claims of the Medicaid fraud were part of a common scheme and exceed fifty thousand dollars in value, a violation of this chapter is a class A felony.
    1. For purposes of imposing sentence for a conviction under this chapter, the value of payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claims involved is the greater of the value of Medicaid payments or benefits received as a result of the illegal conduct or activity or the value of the payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claim involved.
    2. Amounts involved in Medicaid fraud committed pursuant to a common scheme or the same transaction may be aggregated in determining the value involved.
    3. A person convicted of the offense of Medicaid fraud must be suspended from participation in the Medicaid program:
      1. For any period of time not less than one year for a first offense or the person may be permanently terminated from participation in the medical assistance program;
      2. For any period of time not less than three years for a second offense, or the person may be permanently terminated from participation in the medical assistance program; or
      3. Permanently for a third offense.
  7. In addition to any other penalty provided by law, a person convicted of Medicaid fraud is not entitled to bill or collect from the recipient, the Medicaid program, or any other third-party payer for the services or items involved and shall repay to the Medicaid program any payments or benefits obtained by any person for the services or items involved.

Source:

S.L. 2019, ch. 415, § 11, effective August 1, 2019.

50-24.8-12. Civil investigative demands and subpoenas — Failure to comply — Confidentiality.

  1. If the attorney general, or a designee, has reason to believe a person may be in possession, custody, or control of documentary material or information relevant to an investigation under this chapter, the attorney general, or a designee, may, before commencing a civil proceeding under section 50-24.8-04, issue in writing and cause to be served upon the person, a civil investigative demand or subpoena requiring the person to, under oath:
    1. Produce the documentary material for inspection and copying;
    2. Answer in writing written interrogatories with respect to the documentary material or information;
    3. Give oral testimony concerning the subject matter of the investigation, including any documentary material or information; or
    4. Furnish any combination of the material, answers, or testimony.
  2. If a civil investigative demand or subpoena is an express demand for product of discovery, the attorney general or a designee shall cause to be served, a copy of such demand upon the person from which the discovery was obtained and shall notify the person to which such demand is issued of the date on which the copy was served.
  3. If a person objects to or otherwise fails to comply with a civil investigative demand or subpoena served upon that person under subsection 1, the attorney general may file in the district court a petition for an order to enforce the demand or subpoena. If the court finds the demand or subpoena is proper, the court shall order the person to comply with the demand or subpoena and may grant such injunctive or other relief as may be required until the person complies with the demand or subpoena. Notice of hearing on the petition and a copy of the petition must be served upon the person that may appear in opposition to the petition. If the attorney general prevails in an action brought under this subsection, the court shall award to the attorney general reasonable attorney’s fees, costs, and expenses incurred in bringing the action.
  4. Any testimony taken or material produced under this section must be kept confidential by the attorney general before bringing an action against a person under this chapter for the violation under investigation, unless confidentiality is waived by the person being investigated and the person that testified, answered interrogatories, or produced material, or disclosure is authorized by the court.
  5. Information obtained by the attorney general or designee may be shared with a person that initiated the action if the attorney general or designee determine it is necessary as part of any investigation under this chapter and the person agrees to comply with the confidentiality provisions provided in subsection 4, and unless otherwise provided by state or federal law.
  6. An active investigation record of the Medicaid fraud control unit is an exempt record unless the investigation is closed and not referred for further investigation or adjudication.

Source:

S.L. 2019, ch. 415, § 12, effective August 1, 2019; 2021, ch. 328, § 8, effective August 1, 2021.

50-24.8-13. Cooperation of governmental agencies with Medicaid fraud control unit.

All local, county, and state departments and agencies shall cooperate with the Medicaid fraud control unit and the unit’s agents and employees to effectuate the purposes of the unit.

Source:

S.L. 2019, ch. 415, § 13, effective August 1, 2019.

50-24.8-14. Authorization to adopt rules.

The attorney general may adopt rules, pursuant to chapter 28-32, to implement this chapter.

Source:

S.L. 2019, ch. 415, § 14, effective August 1, 2019.

CHAPTER 50-25 Reporting of Child Abuse or Neglect [Repealed]

[Repealed by S.L. 1975, ch. 448, § 15]

Note.

For present provisions, see chapter 50-25.1.

CHAPTER 50-25.1 Child Abuse and Neglect

50-25.1-01. Purpose.

It is the purpose of this chapter to protect the health and welfare of children by encouraging the reporting of children who are known to be or suspected of being abused or neglected; the providing of adequate services for the protection and treatment of abused and neglected children and to protect them from further harm; the identifying of the cause of children’s deaths, when possible; the identifying of those circumstances that contribute to children’s deaths; and the recommending of changes in policy, practices, and law to prevent children’s deaths.

Source:

S.L. 1975, ch. 448, § 1; 1995, ch. 116, § 6.

Collateral References.

Criminal liability for excessive or improper punishment inflicted on child by parent, teacher or one in loco parentis, 89 A.L.R.2d 396.

Control, who has custody or control of child within terms of penal statute punishing cruelty or neglect by one having custody or control, 75 A.L.R.3d 933.

Expert testimony, admissibility of expert medical testimony on battered child syndrome, 98 A.L.R.3d 306.

Validity and construction of penal statute prohibiting child abuse, 1 A.L.R.4th 38.

Validity, construction, and application of state statute requiring doctor or other person to report child abuse, 73 A.L.R.4th 782.

Law Reviews.

Physicians and Surgeons — Infants — Physician’s Liability for Noncompliance with Child Abuse Reporting Statute, 52 N.D. L. Rev. 737 (1976).

Child Abuse and Neglect in North Dakota, William N. Friedrich and Jerry A. Boriskin, 53 N.D. L. Rev. 197 (1976).

Child Abuse: A Pervasive Problem of the 80s, 61 N.D. L. Rev. 193 (1985).

Summary of significant decisions rendered by the North Dakota Supreme Court in 1990 relating to child abuse, 66 N.D. L. Rev. 774 (1990).

50-25.1-02. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “A person responsible for the child’s welfare” means an individual who has responsibility for the care or supervision of a child and who is the child’s parent, an adult family member of the child, any member of the child’s household, the child’s guardian, or the child’s foster parent; or an employee of, or any person providing care for the child in, a child care setting. For the purpose of institutional child abuse or neglect, “A person responsible for the child’s welfare” means an institution that has responsibility for the care or supervision of a child.
  2. “Abuse of alcohol”, “alcohol abuse”, or “abused alcohol” means alcohol use disorder as defined in the current edition of the “Diagnostic and Statistical Manual of Mental Disorders” published by the American psychiatric association or a maladaptive use of alcohol with negative medical, sociological, occupational, or familial effects.
  3. “Abused child” means an individual under the age of eighteen years who is suffering from abuse as defined in section 14-09-22 caused by a person responsible for the child’s welfare, and includes a sexually abused child who is suffering from or was subjected to any act in violation of sections 12.1-20-01 through 12.1-20-07, sections 12.1-20-11 through 12.1-20-12.3, or chapter 12.1-27.2, by any individual, including a juvenile.
  4. “Alternative response assessment” means a child protection response involving substance exposed newborns which is designed to:
    1. Provide referral services to and monitor support services for a person responsible for the child’s welfare and the substance exposed newborn; and
    2. Develop a plan of safe care for the substance exposed newborn.
  5. “Authorized agent” means the human service zone, unless another entity is designated by the department.
  6. “Child fatality review panel” means a multidisciplinary team consisting of a representative of the department and, if possible, a forensic pathologist, a physician, a representative of the state department of health injury prevention, a representative of the attorney general, a representative of the superintendent of public instruction, a representative of the department of corrections and rehabilitation, a peace officer licensed in the state, a mental health professional, a representative of emergency medical services, a medical services representative from a federally recognized Indian tribe in this state, one or more representatives of the lay community, and a designated tribal representative, as an ad hoc member, acting for each federally recognized Indian tribe in this state. A team member, at the time of selection and while serving on the panel, must be a staff member of the public or private agency the member represents or shall serve without remuneration. The child fatality review panel may not be composed of fewer than three individuals.
  7. “Child in need of services” means a child who in any of the following instances is in need of treatment or rehabilitation:
    1. Is habitually and without justification truant from school or absent from school without an authorized excuse for more than five days during a school year;
    2. Is habitually disobedient of the reasonable and lawful commands of the child's parent, guardian, or other custodian including runaway and is ungovernable or who is willfully in a situation that is dangerous or injurious to the health, safety, or morals of the child or others;
    3. Except for an offense committed by a minor who is fourteen years of age or older under subsection 2 of section 12.1-31-03 or an equivalent local ordinance or resolution, has committed an offense applicable only to a child; or
    4. Is under fourteen years of age and has purchased, possessed, smoked, or used tobacco, a tobacco-related product, an electronic smoking device, or an alternative nicotine product in violation of subsection 2 of section 12.1-31-03. As used in this subdivision, "electronic smoking device" and "alternative nicotine product" have the same meaning as in section 12.1-31-03.
  8. “Child protection assessment” means a factfinding process designed to provide information that enables a determination of whether a child meets the definition of an abused or neglected child, including instances that may not identify a specific person responsible for the child’s welfare which is responsible for the abuse or neglect.
  9. “Children’s advocacy center” means a full or associate member of the national children’s alliance which assists in the coordination of the investigation in response to allegations of child abuse by providing a dedicated child-friendly location at which to conduct forensic interviews, forensic medical examinations, and other appropriate services and which promotes a comprehensive multidisciplinary team response to allegations of child abuse. The team response may include forensic interviews, forensic medical examinations, mental health and related support services, advocacy, and case review.
  10. “Citizen review committee” means a committee appointed by the department to review the department’s provision of child welfare services.
  11. “Confirmed” means that upon completion of a child protection assessment, the department determines, based upon a preponderance of the evidence, that a child meets the definition of an abused or neglected child, and the department confirms the identity of a specific person responsible for the child’s welfare which is responsible for the abuse or neglect.
  12. “Confirmed with unknown subject” means that upon completion of a child protection assessment, the department determines, based upon a preponderance of the evidence, that a child meets the definition of an abused or neglected child, but the evidence does not confirm the identity of a specific person responsible for the child’s welfare which is responsible for the abuse or neglect.
  13. “Department” means the department of human services.
  14. “Family services assessment” means a child protection services response to reports of suspected child abuse or neglect in which the child is determined to be at low risk and safety concerns for the child are not evident according to guidelines developed by the department.
  15. “Impending danger” means a foreseeable state of danger in which a behavior, attitude, motive, emotion, or situation can be reasonably anticipated to have severe effects on a child according to criteria developed by the department.
  16. “Indicated” means that upon completion of an assessment of a report of institutional child abuse or neglect, the department determines based upon a preponderance of the evidence, that a child meets the definition of an abused or neglected child.
  17. “Institutional child abuse or neglect” means situations of known or suspected child abuse or neglect when the institution responsible for the child’s welfare is a public or private school, a residential facility or setting either licensed, certified, or approved by the department, or a residential facility or setting that receives funding from the department. For purposes of this subsection, residential facilities and settings excludes correctional, medical, home and community-based residential rehabilitation, and educational boarding care settings.
  18. “Near death” means an act that, as certified by a physician, places a child in serious or critical condition.
  19. “Neglected child” means a child who, due to the action or inaction of a person responsible for the child’s welfare:
    1. Is without proper care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health, or morals, and is not due primarily to the lack of financial means of a person responsible for the child’s welfare;
    2. Has been placed for care or adoption in violation of law;
    3. Has been abandoned;
    4. Is without proper care, control, or education as required by law, or other care and control necessary for the child’s well-being because of the physical, mental, emotional, or other illness or disability of a person responsible for the child’s welfare, and that such lack of care is not due to a willful act of commission or act of omission, and care is requested by a person responsible for the child’s welfare;
    5. Is in need of treatment and a person responsible for the child’s welfare has refused to participate in treatment as ordered by the juvenile court;
    6. Was subject to prenatal exposure to chronic or severe use of alcohol or any controlled substance as defined in section 19-03.1-01 in a manner not lawfully prescribed by a practitioner;
    7. Is present in an environment subjecting the child to exposure of a controlled substance, chemical substance, or drug paraphernalia as prohibited by section 19-03.1-22.2, except as used in this subsection, controlled substance includes any amount of marijuana; or
    8. Is a victim of human trafficking as defined in title 12.1.
  20. “Prenatal exposure to a controlled substance” means use of a controlled substance as defined in chapter 19-03.1 by a pregnant woman for a nonmedical purpose during pregnancy as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, or medical effects or developmental delays during the child’s first year of life that medically indicate prenatal exposure to a controlled substance.
  21. “Protective services” includes services performed after an assessment of a report of child abuse or neglect has been conducted, such as social assessment, service planning, implementation of service plans, treatment services, referral services, coordination with referral sources, progress assessment, monitoring service delivery, and direct services.
  22. “State child protection team” means a multidisciplinary team consisting of a representative of the department and, where possible, a representative of the state department of health, a representative of the attorney general, a representative of law enforcement, a representative of the superintendent of public instruction, a parent with lived experience, one or more representatives of the lay community, and, as an ad hoc member, the designee of the chief executive official of any institution named in a report of institutional abuse or neglect. All team members, at the time of their selection and thereafter, must be staff members of the public or private agency they represent or shall serve without remuneration. An attorney member of the child protection team may not be appointed to represent the child or the parents at any subsequent court proceeding nor may the child protection team be composed of fewer than three individuals. A quorum of the state child protection team consists of a minimum of one member from the department and two other state child protection team members.
  23. “Substance exposed newborn” means an infant younger than twenty-eight days of age at the time of the initial report of child abuse or neglect and who is identified as being affected by substance abuse or withdrawal symptoms or by a fetal alcohol spectrum disorder.
  24. “Unable to determine” means insufficient evidence is available to enable a determination whether a child meets the definition of an abused or neglected child.
  25. “Unconfirmed” means that upon completion of a child protection assessment, the department has determined, based upon a preponderance of the evidence, that a child does not meet the definition of an abused or neglected child.

Source:

S.L. 1975, ch. 448, § 2; 1977, ch. 456, § 1; 1979, ch. 514, § 5; 1983, ch. 82, § 105; 1985, ch. 521, § 8; 1985, ch. 536, §§ 2, 4; 1985, ch. 537, § 2; 1987, ch. 570, § 33; 1987, ch. 583, § 1; 1987, ch. 584, § 1; 1989, ch. 585, § 1; 1991, ch. 592, § 27; 1995, ch. 243, § 2; 1995, ch. 472, § 1; 2003, ch. 106, § 4; 2003, ch. 431, § 1; 2005, ch. 418, § 14; 2005, ch. 434, § 1; 2007, ch. 431, § 1; 2009, ch. 434, § 1; 2011, ch. 207, § 23; 2013, ch. 383, § 1; 2015, ch. 127, § 5, effective August 1, 2015; 2017, ch. 343, § 1, effective August 1, 2017; 2019, ch. 108, § 3, effective August 1, 2019; 2019, ch. 256, § 6, effective August 1, 2019; 2021, ch. 245, § 39, § 39, effective July 1, 2021; 2021, ch. 377, § 1, effective August 1, 2021; 2021, ch. 352, §§ 467, 468, eff September 1, 2022.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 127, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 1 of chapter 383, S.L. 2013 became effective August 1, 2013.

The 2011 amendment of this section by section 23 of chapter 207, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 1 of chapter 434, S.L. 2009 became effective August 1, 2009.

The 2007 amendment of this section by section 1 of chapter 431, S.L. 2007 became effective August 1, 2007.

Note.

Section 50-25.1-02 was amended 4 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 468 of Chapter 352, Session Laws 2021, House Bill 1247; Section 1 of Chapter 377, Session Laws 2021, House Bill 2083; Section 39 of Chapter 245, Session Laws 2021, House Bill 1035; and Section 467 of Chapter 352, Session Laws 2021, House Bill 1247.

Section 50-25.1-02 was amended 5 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 6 of Chapter 256, Session Laws 2019, House Bill 1520; Section 1 of Chapter 416, Session Laws 2019, House Bill 1108; Section 3 of Chapter 108, Session Laws 2019, Senate Bill 2273; Section 124 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 8 of Chapter 406, Session Laws 2019, Senate Bill 2245.

Notes to Decisions

Constitutionality.

Under N.D.C.C. § 12.1-05-05(1), reasonable force used to safeguard or promote the child’s welfare, including punishment and discipline, may not provide the basis for a finding that a child was an abused child under N.D.C.C. § 50-25.1-02(3); the father failed to clearly demonstrate that the child abuse statutes were unconstitutionally overbroad. Simons v. State, 2011 ND 190, 803 N.W.2d 587, 2011 N.D. LEXIS 186 (N.D. 2011).

Abused Child.

A reasonable person could not find probable cause that defendants abused their children where there was no evidence from which a reasonable person could conclude any of the children ever suffered serious physical harm or traumatic abuse as a result of the parents’ spankings. Raboin v. North Dakota Dep't of Human Servs., 552 N.W.2d 329, 1996 N.D. LEXIS 170 (N.D. 1996).

There was no finding of serious physical harm resulting in negative changes in children’s health or of traumatic emotional abuse on the part of daycare owners, where there was no evidence of bruising, marks, or other physical manifestations of abuse, although the evidence showed the daycare owners struck children with their hands, called the children names and told them they were too big to cry, argued in front of the children, and limited children’s use of toilet paper. Walton v. North Dakota Dep't of Human Servs., 552 N.W.2d 336, 1996 N.D. LEXIS 177 (N.D. 1996).

Reasoning mind reasonably could determine the Department of Human Services finding that the father willfully inflicted an impairment of physical condition, including physical pain, upon the child was proven by the weight of the evidence from the entire record as there was evidence that the father struck the child approximately 24 times over a two-hour period with a wooden backscratcher, and although administered through a pair of pants and a diaper, the force of the spankings caused two large purple bruises the size of fifty-cent pieces on the child’s buttocks; there was evidence, including admissions from the father, that the child cried each time he was spanked and that the spankings were causing pain to the child. Simons v. State, 2011 ND 190, 803 N.W.2d 587, 2011 N.D. LEXIS 186 (N.D. 2011).

Reasoning mind reasonably could determine the Department of Human Services’ finding that the force the father used was not reasonable force was proven by the weight of the evidence from the entire record; his use of force was therefore not justified under N.D.C.C. § 12.1-05-05(1) and did not preclude a finding that the child was an abused child under N.D.C.C. § 50-25.1-02(3). Simons v. State, 2011 ND 190, 803 N.W.2d 587, 2011 N.D. LEXIS 186 (N.D. 2011).

Collateral References.

Sexual child abuser’s civil liability to child’s parent, 54 A.L.R.4th 93.

Validity, Construction, and Application of State Statutes Prohibiting Child Luring as Applied to Cases Involving Luring of Child by Means of Verbal or Other Nonelectronic Communications, 35 A.L.R.6th 361.

50-25.1-02. Definitions. [Effective September 1, 2022]

In this chapter, unless the context or subject matter otherwise requires:

  1. “A person responsible for the child’s welfare” means an individual who has responsibility for the care or supervision of a child and who is the child’s parent, an adult family member of the child, any member of the child’s household, the child’s guardian, or the child’s foster parent; or an employee of, or any person providing care for the child in, a child care setting. For the purpose of institutional child abuse or neglect, “A person responsible for the child’s welfare” means an institution that has responsibility for the care or supervision of a child.
  2. “Abuse of alcohol”, “alcohol abuse”, or “abused alcohol” means alcohol use disorder as defined in the current edition of the “Diagnostic and Statistical Manual of Mental Disorders” published by the American psychiatric association or a maladaptive use of alcohol with negative medical, sociological, occupational, or familial effects.
  3. “Abused child” means an individual under the age of eighteen years who is suffering from abuse as defined in section 14-09-22 caused by a person responsible for the child’s welfare, and includes a sexually abused child who is suffering from or was subjected to any act in violation of sections 12.1-20-01 through 12.1-20-07, sections 12.1-20-11 through 12.1-20-12.3, or chapter 12.1-27.2, by any individual, including a juvenile.
  4. “Alternative response assessment” means a child protection response involving substance exposed newborns which is designed to:
    1. Provide referral services to and monitor support services for a person responsible for the child’s welfare and the substance exposed newborn; and
    2. Develop a plan of safe care for the substance exposed newborn.
  5. “Authorized agent” means the human service zone, unless another entity is designated by the department.
  6. “Child fatality review panel” means a multidisciplinary team consisting of a representative of the department and, if possible, a forensic pathologist, a physician, a representative of the department of health and human services injury prevention, a representative of the attorney general, a representative of the superintendent of public instruction, a representative of the department of corrections and rehabilitation, a peace officer licensed in the state, a mental health professional, a representative of emergency medical services, a medical services representative from a federally recognized Indian tribe in this state, one or more representatives of the lay community, and a designated tribal representative, as an ad hoc member, acting for each federally recognized Indian tribe in this state. A team member, at the time of selection and while serving on the panel, must be a staff member of the public or private agency the member represents or shall serve without remuneration. The child fatality review panel may not be composed of fewer than three individuals.
  7. “Child in need of services” means a child who in any of the following instances is in need of treatment or rehabilitation:
    1. Is habitually and without justification truant from school or absent from school without an authorized excuse for more than five days during a school year;
    2. Is habitually disobedient of the reasonable and lawful commands of the child's parent, guardian, or other custodian including runaway and is ungovernable or who is willfully in a situation that is dangerous or injurious to the health, safety, or morals of the child or others;
    3. Except for an offense committed by a minor who is fourteen years of age or older under subsection 2 of section 12.1-31-03 or an equivalent local ordinance or resolution, has committed an offense applicable only to a child; or
    4. Is under fourteen years of age and has purchased, possessed, smoked, or used tobacco, a tobacco-related product, an electronic smoking device, or an alternative nicotine product in violation of subsection 2 of section 12.1-31-03. As used in this subdivision, “electronic smoking device” and “alternative nicotine product” have the same meaning as in section 12.1-31-03
  8. “Child protection assessment” means a factfinding process designed to provide information that enables a determination of whether a child meets the definition of an abused or neglected child, including instances that may not identify a specific person responsible for the child’s welfare which is responsible for the abuse or neglect.
  9. “Children’s advocacy center” means a full or associate member of the national children’s alliance which assists in the coordination of the investigation in response to allegations of child abuse by providing a dedicated child-friendly location at which to conduct forensic interviews, forensic medical examinations, and other appropriate services and which promotes a comprehensive multidisciplinary team response to allegations of child abuse. The team response may include forensic interviews, forensic medical examinations, mental health and related support services, advocacy, and case review.
  10. “Citizen review committee” means a committee appointed by the department to review the department’s provision of child welfare services.
  11. “Confirmed” means that upon completion of a child protection assessment, the department determines, based upon a preponderance of the evidence, that a child meets the definition of an abused or neglected child, and the department confirms the identity of a specific person responsible for the child’s welfare which is responsible for the abuse or neglect.
  12. “Confirmed with unknown subject” means that upon completion of a child protection assessment, the department determines, based upon a preponderance of the evidence, that a child meets the definition of an abused or neglected child, but the evidence does not confirm the identity of a specific person responsible for the child’s welfare which is responsible for the abuse or neglect.
  13. “Department” means the department of health and human services.
  14. “Family services assessment” means a child protection services response to reports of suspected child abuse or neglect in which the child is determined to be at low risk and safety concerns for the child are not evident according to guidelines developed by the department.
  15. “Impending danger” means a foreseeable state of danger in which a behavior, attitude, motive, emotion, or situation can be reasonably anticipated to have severe effects on a child according to criteria developed by the department.
  16. “Indicated” means that upon completion of an assessment of a report of institutional child abuse or neglect, the department determines based upon a preponderance of the evidence, that a child meets the definition of an abused or neglected child.
  17. “Institutional child abuse or neglect” means situations of known or suspected child abuse or neglect when the institution responsible for the child’s welfare is a public or private school, a residential facility or setting either licensed, certified, or approved by the department, or a residential facility or setting that receives funding from the department. For purposes of this subsection, residential facilities and settings excludes correctional, medical, home- and community-based residential rehabilitation, and educational boarding care settings.
  18. “Near death” means an act that, as certified by a physician, places a child in serious or critical condition.
  19. “Neglected child” means a child who, due to the action or inaction of a person responsible for the child’s welfare:
    1. Is without proper care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health, or morals, and is not due primarily to the lack of financial means of a person responsible for the child’s welfare;
    2. Has been placed for care or adoption in violation of law;
    3. Has been abandoned;
    4. Is without proper care, control, or education as required by law, or other care and control necessary for the child’s well-being because of the physical, mental, emotional, or other illness or disability of a person responsible for the child’s welfare, and that such lack of care is not due to a willful act of commission or act of omission, and care is requested by a person responsible for the child’s welfare;
    5. Is in need of treatment and a person responsible for the child’s welfare has refused to participate in treatment as ordered by the juvenile court;
    6. Was subject to prenatal exposure to chronic or severe use of alcohol or any controlled substance as defined in section 19-03.1-01 in a manner not lawfully prescribed by a practitioner;
    7. Is present in an environment subjecting the child to exposure of a controlled substance, chemical substance, or drug paraphernalia as prohibited by section 19-03.1-22.2, except as used in this subsection, controlled substance includes any amount of marijuana; or
    8. Is a victim of human trafficking as defined in title 12.1.
  20. “Prenatal exposure to a controlled substance” means use of a controlled substance as defined in chapter 19-03.1 by a pregnant woman for a nonmedical purpose during pregnancy as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, or medical effects or developmental delays during the child’s first year of life that medically indicate prenatal exposure to a controlled substance.
  21. “Protective services” includes services performed after an assessment of a report of child abuse or neglect has been conducted, such as social assessment, service planning, implementation of service plans, treatment services, referral services, coordination with referral sources, progress assessment, monitoring service delivery, and direct services.
  22. “State child protection team” means a multidisciplinary team consisting of a representative of the department, a representative of the attorney general, a representative of law enforcement, a representative of the superintendent of public instruction, a parent with lived experience, one or more representatives of the lay community, and, as an ad hoc member, the designee of the chief executive official of any institution named in a report of institutional abuse or neglect. All team members, at the time of their selection and thereafter, must be staff members of the public or private agency they represent or shall serve without remuneration. An attorney member of the child protection team may not be appointed to represent the child or the parents at any subsequent court proceeding nor may the child protection team be composed of fewer than three individuals. A quorum of the state child protection team consists of a minimum of one member from the department and two other state child protection team members.
  23. “Substance exposed newborn” means an infant younger than twenty-eight days of age at the time of the initial report of child abuse or neglect and who is identified as being affected by substance abuse or withdrawal symptoms or by a fetal alcohol spectrum disorder.
  24. “Unable to determine” means insufficient evidence is available to enable a determination whether a child meets the definition of an abused or neglected child.
  25. “Unconfirmed” means that upon completion of a child protection assessment, the department has determined, based upon a preponderance of the evidence, that a child does not meet the definition of an abused or neglected child.

Source:

S.L. 1975, ch. 448, § 2; 1977, ch. 456, § 1; 1979, ch. 514, § 5; 1983, ch. 82, § 105; 1985, ch. 521, § 8; 1985, ch. 536, §§ 2, 4; 1985, ch. 537, § 2; 1987, ch. 570, § 33; 1987, ch. 583, § 1; 1987, ch. 584, § 1; 1989, ch. 585, § 1; 1991, ch. 592, § 27; 1995, ch. 243, § 2; 1995, ch. 472, § 1; 2003, ch. 106, § 4; 2003, ch. 431, § 1; 2005, ch. 418, § 14; 2005, ch. 434, § 1; 2007, ch. 431, § 1; 2009, ch. 434, § 1; 2011, ch. 207, § 23; 2013, ch. 383, § 1; 2015, ch. 127, § 5, effective August 1, 2015; 2017, ch. 343, § 1, effective August 1, 2017; 2019, ch. 108, § 3, effective August 1, 2019; 2019, ch. 256, § 6, effective August 1, 2019; 2021, ch. 245, § 39, § 39, effective July 1, 2021; 2021, ch. 377, § 1, effective August 1, 2021; 2021, ch. 352, §§ 467, 468, eff September 1, 2022.

50-25.1-03. Persons required and permitted to report — To whom reported.

  1. Any dentist; optometrist; dental hygienist; medical examiner or coroner; tier 1 mental health professional, tier 2 mental health professional, tier 3 mental health professional, or tier 4 mental health professional as defined under section 25-01-01; or any other medical or mental health professional, religious practitioner of the healing arts, schoolteacher or administrator, school counselor, child care worker, foster parent, police or law enforcement officer, juvenile court personnel, probation officer, division of juvenile services employee, licensed social worker, family service specialist, child care licensor, or member of the clergy having knowledge of or reasonable cause to suspect a child is abused or neglected, or has died as a result of abuse or neglect, shall report the circumstances to the department or authorized agent if the knowledge or suspicion is derived from information received by that individual in that individual’s official or professional capacity. A member of the clergy, however, is not required to report such circumstances if the knowledge or suspicion is derived from information received in the capacity of spiritual adviser.
  2. Any person having reasonable cause to suspect a child is abused or neglected, or has died as a result of abuse or neglect, may report such circumstances to the department or authorized agent.
  3. A person having knowledge of or reasonable cause to suspect a child is abused or neglected, based on images of sexual conduct by a child discovered on a workplace computer, shall report the circumstances to the department or authorized agent.

Source:

S.L. 1975, ch. 448, § 3; 1979, ch. 514, § 6; 1987, ch. 570, § 34; 1987, ch. 583, § 2; 1989, ch. 585, § 2; 1991, ch. 511, § 4; 1995, ch. 116, § 7; 2007, ch. 431, § 2; 2011, ch. 369, § 1; 2011, ch. 370, § 2; 2017, ch. 97, § 29, effective August 1, 2017; 2019, ch. 416, § 2, effective August 1, 2019; 2021, ch. 377, § 2, effective August 1, 2021.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 369, S.L. 2011 became effective August 1, 2011.

The 2011 amendment of this section by section 2 of chapter 370, S.L. 2011 became effective August 1, 2011.

The 2007 amendment of this section by section 2 of chapter 431, S.L. 2007 became effective August 1, 2007.

Collateral References.

Validity, construction, and application of state statute requiring doctor or other person to report child abuse, 73 A.L.R.4th 782.

Law Reviews.

Implied Waiver of Physician and Psychotherapist-Patient Privilege in North Dakota Medical Malpractice and Personal Injury Litigation, 83 N.D. L. Rev. 855 (2007).

50-25.1-03.1. Photographs — X-rays — Medical tests.

Any individual or official required to report under this chapter may cause to be taken color photographs of the areas of trauma visible on a child who the individual or official has knowledge or reasonable cause to suspect is an abused or neglected child and, if indicated by medical consultation, cause to be performed imaging studies, laboratory tests, colposcopies, and other medical tests of the child without the consent of the child’s parents or guardian. All photographs and other visual images taken pursuant to this section must be taken by law enforcement officials, physicians, or medical facility professionals upon the request of any individual or official required to report under this chapter. Photographs and visual images, or copies of them, must be sent to the department or authorized agent at the time the initial report of child abuse or neglect is made or as soon thereafter as possible.

Source:

S.L. 1979, ch. 514, § 4; 1987, ch. 570, § 35; 1987, ch. 583, § 3; 1989, ch. 585, § 3; 2003, ch. 106, § 5; 2007, ch. 431, § 3; 2017, ch. 345, § 1, effective August 1, 2017; 2021, ch. 377, § 3, effective August 1, 2021.

Effective Date.

The 2007 amendment of this section by section 3 of chapter 431, S.L. 2007 became effective August 1, 2007.

50-25.1-04. Method of reporting.

  1. All persons mandated or permitted to report cases of known or suspected child abuse or neglect immediately shall cause oral or written reports to be made to the department or authorized agent. Oral reports must be followed by written reports within forty-eight hours if so requested by the department or authorized agent. A requested written report must include information specifically sought by the department or authorized agent if the reporter possesses or has reasonable access to that information. Reports involving known or suspected institutional child abuse or neglect must be made and received in the same manner as all other reports made under this chapter.
  2. The chief administrator of an entity employing more than twenty-five individuals who are required to report suspected child abuse or neglect under this chapter may designate an agent within the entity to file reports of suspected child abuse or neglect on behalf of the staff members and volunteers of the entity. Under no circumstances may a designated agent to whom such report has been made impose conditions, including prior approval or prior notification, upon a staff member or volunteer reporting suspected child abuse or neglect under this chapter or exercise any control, restraint, or modification, or make any changes to the information provided by the staff member or volunteer. A report filed by the designated agent must include the first and last name, title, and contact information for every staff member or volunteer of the entity who is believed to have direct knowledge of the facts surrounding the report. A single report from the designated agent under this subsection is adequate to meet the reporting requirement on behalf of staff members and volunteers of the entity listed with the required information.
  3. If a staff member or volunteer makes a report of suspected child abuse and neglect to a designated agent of an entity as authorized in subsection 2, and the designated agent files a report on behalf of the staff member or volunteer, the staff member or volunteer will be considered to be fully compliant with the reporting requirements in this chapter. However, this section does not preclude the staff member or volunteer from also reporting the suspected child abuse and neglect directly to the department or authorized agent. A staff member or volunteer reporting suspected child abuse or neglect under this subsection who has knowledge the designated agent has failed to report on behalf of the staff member or volunteer immediately shall make a report directly to the department or authorized agent.

Source:

S.L. 1975, ch. 448, § 4; 1979, ch. 514, § 7; 1987, ch. 570, § 36; 1987, ch. 583, § 4; 1989, ch. 585, § 4; 2021, ch. 377, § 4, effective August 1, 2021.

50-25.1-04.1. State child protection team — How created — Duties.

  1. The department shall name the members of the state child protection team. The department is responsible for all reports made pursuant to this chapter. The department shall set meetings for the purposes of fulfilling the duties set forth in sections 50-25.1-02 and 50-25.1-04.
  2. Under procedures adopted by the team, the team may meet at any time, confer with any individuals, groups, and agencies, and may issue reports or recommendations on any aspect of child abuse, neglect, or death resulting from abuse or neglect the team deems appropriate. All reports or recommendations issued are subject to section 50-25.1-11, except that the team shall make available information reflecting the disposition of reports of institutional child abuse, neglect, or death resulting from abuse or neglect, when the identity of persons reporting, and of the children and parents of children involved, is protected.
  3. In every case of alleged institutional child abuse or neglect, the state child protection team shall make a determination whether child abuse or neglect is indicated. Upon a determination that institutional child abuse or neglect is indicated, the state child protection team promptly shall make a written report of the determination. When a report includes an allegation or report of institutional child abuse and neglect as defined in section 50-25.1-02, the state child protection team promptly shall notify the executive director of the department of the determination. Notwithstanding section 50-25.1-11, the department shall notify the superintendent of public instruction, the school district administrator, and the president or chairman of the school board or a private school’s governing body or entity if the subject of the report is a public or private school.
  4. If a determination that institutional child abuse or neglect is indicated relative to a residential facility or setting either licensed, certified, or approved by the department or a residential facility or setting that receives funding from the department, that facility or setting shall engage in an improvement plan approved by the department. Failure to complete the approved improvement plan must result in notification to the residential facility or setting’s board of directors and to any entity that accredits the facility or setting. Notification must include the written report of the state child protection team, the approved improvement plan, and areas of deficiency that resulted in the notification.

Source:

S.L. 1979, ch. 514, § 1; 1985, ch. 536, § 5; 1987, ch. 570, § 37; 1987, ch. 583, § 5; 1995, ch. 116, § 8; 1995, ch. 472, § 2; 2021, ch. 377, § 5, effective August 1, 2021.

Collateral References.

Tort liability of public authority for failure to remove parentally abused or neglected children from parents’ custody, 60 A.L.R.4th 942.

50-25.1-04.2. Child fatality review panel. [Effective through August 31, 2022]

The child fatality review panel is a multidisciplinary panel and incorporates representatives of agencies that are directly or indirectly involved in responding to the death of a child. The department may designate any other person as appropriate to assist the panel in the performance of the panel’s duties. The department, in coordination with the state department of health, shall adopt rules for the operation of the panel. Panel members are not entitled to compensation or reimbursement of expenses for service on the panel. The representative of the department shall serve as presiding officer and is responsible for gathering records and preparing reports to review. The presiding officer shall set meetings for the purpose of fulfilling the duties set forth in sections 50-25.1-04.3 and 50-25.1-04.5.

Source:

S.L. 1995, ch. 116, § 9; 2021, ch. 377, § 6, effective August 1, 2021; 2021, ch. 352, § 469, effective September 1, 2022.

Note.

Section 50-25.1-04.2 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 6 of Chapter 377, Session Laws 2021, House Bill 2083; and Section 469 of Chapter 352, Session Laws 2021, House Bill 1247.

50-25.1-04.2. Child fatality review panel. [Effective September 1, 2022]

The child fatality review panel is a multidisciplinary panel and incorporates representatives of agencies that are directly or indirectly involved in responding to the death of a child. The department may designate any other person as appropriate to assist the panel in the performance of the panel's duties. The department shall adopt rules for the operation of the panel. Panel members are not entitled to compensation or reimbursement of expenses for service on the panel. The representative of the department shall serve as presiding officer and is responsible for gathering records and preparing reports to review. The presiding officer shall set meetings for the purpose of fulfilling the duties set forth in sections 50-25.1-04.3 and 50-25.1-04.5.

Source:

S.L. 1995, ch. 116, § 9; 2021, ch. 377, § 6, effective August 1, 2021; 2021, ch. 352, § 469, effective September 1, 2022.

50-25.1-04.3. Child fatality review panel — Duties.

The child fatality review panel shall meet at least quarterly to review the deaths and near deaths of all minors which occurred in the state during the preceding twelve months and to identify trends or patterns in the deaths and near deaths of minors. The panel may review near deaths alleged to have resulted only from child abuse and neglect. The panel shall promote:

  1. Interagency communication for the management of child death cases and for the management of future nonfatal cases.
  2. Effective criminal, civil, and social intervention for families with fatalities.
  3. Intervention and counseling of surviving and at-risk siblings, and offer the same.
  4. Interagency use of cases to audit the total health and social service systems and to minimize misclassification of cause of death.
  5. Evaluation of the impact of specific risk factors including substance abuse, domestic violence, and prior child abuse.
  6. Interagency services to high-risk families.
  7. Data collection for surveillance of deaths and the study of categories of causes of death.
  8. The use of media to educate the public about child abuse prevention.
  9. Intercounty, interhuman service zones, and interstate communications regarding child death.
  10. Information that apprises a parent or guardian of the parent’s or guardian’s rights and the procedures taken after the death of a child.

Source:

S.L. 1995, ch. 116, § 9; 2013, ch. 383, § 2; 2019, ch. 391, § 125, effective January 1, 2020; 2021, ch. 377, § 7, effective August 1, 2021.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 383, S.L. 2013 became effective August 1, 2013.

50-25.1-04.4. Child fatality review panel — Access to records.

Upon the request of a coroner or the presiding officer of a child fatality review panel, any hospital, physician, medical professional, medical facility, mental health professional, mental health facility, school counselor, or division of juvenile services employee shall disclose all records of that entity with respect to any child who has or is eligible to receive a certificate of live birth and who has died. The person submitting the request shall reimburse the disclosing entity for the actual costs of assembling and disclosing the information.

Source:

S.L. 1995, ch. 116, § 9; 2007, ch. 431, § 4.

Effective Date.

The 2007 amendment of this section by section 4 of chapter 431, S.L. 2007 became effective August 1, 2007.

50-25.1-04.5. Child fatality review panel — Confidentiality of meetings, documentation, and reports.

  1. Notwithstanding section 44-04-19, all meetings of the panel are closed to the public. Notwithstanding section 44-04-18, all documentation and reports of the panel are confidential, except for annual reports. The annual report involving child abuse and neglect deaths and near deaths must include the following:
    1. The cause of and circumstances regarding the death or near death;
    2. The age and gender of the child;
    3. Information describing any previous child abuse and neglect reports or assessments that pertain to the child abuse or neglect that led to the death or near death;
    4. The result of any such assessments; and
    5. The services provided in accordance with section 50-25.1-06, unless disclosure is otherwise prohibited by law.
  2. The panel shall make available to the persons designated in section 50-25.1-11 the documentation and reports of the panel.

Source:

S.L. 1995, ch. 116, § 9; 2013, ch. 383, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 383, S.L. 2013 became effective August 1, 2013.

50-25.1-05. Child protection assessment — Alternative response assessment — Family services assessment.

  1. The department or authorized agent, in accordance with rules adopted by the department, immediately shall initiate a child protection assessment, alternative response assessment, or family services assessment or cause an assessment, of any report of child abuse or neglect including, when appropriate, the child protection assessment, alternative response assessment, or family services assessment of the home or the residence of the child, any school or child care facility attended by the child, and the circumstances surrounding the report of abuse or neglect.
  2. According to guidelines developed by the department, the department or authorized agent may initiate an alternative response assessment or family services assessment if the department or authorized agent determines initiation is appropriate.
  3. If the report alleges a violation of a criminal statute involving sexual or physical abuse, the department or authorized agent shall initiate a child protection assessment by contacting the law enforcement agency having jurisdiction over the alleged criminal violation. The department or authorized agent and an appropriate law enforcement agency shall coordinate the planning and execution of the child protection assessment and law enforcement investigation efforts to avoid a duplication of factfinding efforts and multiple interviews. If the law enforcement agency declines to investigate, the department or authorized agent shall continue the child protection assessment to a determination.
  4. The department, the authorized agent, or the law enforcement agency may:
    1. Refer the case to a children’s advocacy center for a forensic interview, forensic medical examination, and other services.
    2. Interview, without the consent of a person responsible for the child’s welfare, the alleged abused or neglected child and any other child who currently resides or who has resided with the person responsible for the child’s welfare or the alleged perpetrator.
    3. Conduct the interview at a school, child care facility, or any other place where the alleged abused or neglected child or other child is found.
  5. Except as prohibited under title 42, Code of Federal Regulations, part 2, a medical, dental, or mental health professional, hospital, medical or mental health facility, or health care clinic shall disclose to the department or the authorized agent, upon request, the records of a patient or client which are relevant to a child protection assessment of reported child abuse or neglect or to a confirmed decision. The department, or the authorized agent, shall limit the request for records to the minimum amount of records necessary to enable a determination to be made or to support a determination of whether child abuse or neglect is confirmed, confirmed with unknown subject, or unable to determine to provide for the protection and treatment of an abused or neglected child.
  6. The department shall adopt guidelines for case referrals to a children’s advocacy center. When cases are referred to a children’s advocacy center, all interviews of the alleged abused or neglected child conducted at the children’s advocacy center under this section must be audio-recorded or video-recorded.
  7. The department or authorized agent shall complete an evidence-based screening tool during a child protection assessment or a family services assessment.
  8. The department or authorized agent may terminate in process a child protection assessment upon a determination there is no credible evidence supporting the reported abuse or neglect occurred.
  9. If a report alleges institutional child abuse or neglect involving a public or private school, the department or the department’s authorized agent shall conduct a child protection assessment. If practical, the department or the department’s authorized agent shall provide notice of the onset of a child protection assessment to the public or private school. A public or private school may complete an investigation into any conduct reported or alleged to constitute institutional child abuse or neglect at the school’s institution concurrently with a child protection assessment. If a public or private school conducts an investigation concurrently with a child protection assessment, the department or the department’s authorized agent and the public or private school shall coordinate the planning and execution of the child protection assessment and public or private school investigation efforts to avoid a duplication of fact finding efforts and multiple interviews if practical.

Source:

S.L. 1975, ch. 448, § 5; 1979, ch. 514, § 8; 1985, ch. 536, § 6; 1987, ch. 570, § 38; 1987, ch. 583, § 6; 1989, ch. 585, § 5; 1989, ch. 586, § 1; 1995, ch. 472, § 3; 2005, ch. 434, § 2; 2007, ch. 431, § 5; 2009, ch. 12, § 22; 2017, ch. 343, § 2, effective August 1, 2017; 2017, ch. 345, § 2, effective August 1, 2017; 2019, ch. 416, § 3, effective August 1, 2019; 2021, ch. 377, § 8, effective August 1, 2021.

Effective Date.

The 2009 amendment of this section by section 22 of chapter 12, S.L. 2009 became effective July 1, 2009.

The 2007 amendment of this section by section 5 of chapter 431, S.L. 2007 became effective August 1, 2007.

Note.

Section 50-25.1-05 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 345, Session Laws 2017, Senate Bill 2116; and Section 2 of Chapter 343, Session Laws 2017, Senate Bill 2251.

50-25.1-05.1. Child abuse or neglect assessment decision — How determined.

Upon completion of the child protection assessment of the initial report of child abuse or neglect, a decision must be made whether confirmed, confirmed with unknown subject, unconfirmed, or unable to determine abuse or neglect of a child.

  1. This determination is the responsibility of the department.
  2. A decision of confirmed may not be made if the suspected child abuse or neglect arises solely out of conduct involving the lawful practice of religious beliefs by a parent or guardian. This exception does not preclude a court from ordering that medical services be provided to the child if the child’s life or safety requires such an order or the child is subject to harm or threatened harm.

Source:

S.L. 1979, ch. 514, § 2; 1987, ch. 583, § 7; 1993, ch. 488, § 1; 1995, ch. 472, § 5; 2019, ch. 416, § 4, effective August 1, 2019; 2021, ch. 377, § 9, effective August 1, 2021.

Notes to Decisions

Abuse Not Found.

There was no finding of serious physical harm resulting in negative changes in children’s health or of traumatic emotional abuse on the part of daycare owners, where there was no evidence of bruising, marks, or other physical manifestations of abuse, although the evidence showed the daycare owners struck children with their hands, called the children names and told them they were too big to cry, argued in front of the children, and limited children’s use of toilet paper. Walton v. North Dakota Dep't of Human Servs., 552 N.W.2d 336, 1996 N.D. LEXIS 177 (N.D. 1996).

Judicial Review.

A finding of probable cause of child abuse affects legal rights or interests of the person against whom it is directed and, therefore, constitutes an appealable final order under Chapter 28-3.. Raboin v. North Dakota Dep't of Human Servs., 552 N.W.2d 329, 1996 N.D. LEXIS 170 (N.D. 1996).

50-25.1-05.2. Report to the court — Entry of report in the child abuse information index.

  1. Upon confirmation that a child meets the definition of an abused or neglected child, the department promptly shall make a written report of the decision to the juvenile court having jurisdiction in the matter.
  2. The department promptly shall file a report of a decision that a child meets the definition of an abused or neglected child under this section in the child abuse information index.

Source:

S.L. 1979, ch. 514, § 3; 1987, ch. 570, § 39; 1987, ch. 583, § 8; 1991, ch. 511, § 5; 1995, ch. 472, § 6; 2021, ch. 377, § 10, effective August 1, 2021.

Notes to Decisions

Abuse Not Found.

There was no finding of serious physical harm resulting in negative changes in children’s health or of traumatic emotional abuse on the part of daycare owners, where there was no evidence of bruising, marks, or other physical manifestations of abuse, although the evidence showed the daycare owners struck children with their hands, called the children names and told them they were too big to cry, argued in front of the children, and limited children’s use of toilet paper. Walton v. North Dakota Dep't of Human Servs., 552 N.W.2d 336, 1996 N.D. LEXIS 177 (N.D. 1996).

Judicial Review.

A finding of probable cause of child abuse affects legal rights or interests of the person against whom it is directed and, therefore, constitutes an appealable final order under Chapter 28-3.. Raboin v. North Dakota Dep't of Human Servs., 552 N.W.2d 329, 1996 N.D. LEXIS 170 (N.D. 1996).

50-25.1-05.3. Disposition of reports implicating a person not responsible for the child’s health or welfare.

  1. Upon determination by the department or authorized agent that a report made under this chapter implicates a person other than a person responsible for a child’s welfare, the department or authorized agent shall refer the report to an appropriate law enforcement agency for investigation and disposition.
  2. If law enforcement determines a minor committed an act in violation of sections 12.1-20-01 through 12.1-20-04, section 12.1-20-07, sections 12.1-20-11 through 12.1-20-12.2, or chapter 12.1-27.2 against another minor, law enforcement shall provide the report to the department or authorized agent. Law enforcement shall conduct a criminal investigation and shall coordinate with the department or authorized agent for the provision of services to the minors, parents, custodians, or other persons serving in loco parentis with respect to the minors.
  3. The department or authorized agent shall provide risk assessment, safety planning, and any appropriate evidence-based screening for the minors and any other minors under the same care. The department or authorized agent shall refer the minors, parents, custodians, or other persons serving in loco parentis with respect to the minors, for appropriate services.

Source:

S.L. 1985, ch. 537, § 1; 1987, ch. 570, § 40; 1987, ch. 583, § 9; 2019, ch. 256, § 7, effective August 1, 2019; 2021, ch. 377, § 11, effective August 1, 2021.

50-25.1-05.4. Department to adopt rules for review of child protection assessment findings.

The department shall adopt rules to resolve complaints and conduct appeal hearings requested by the subject of a report of suspected child abuse, neglect, or death resulting from abuse or neglect who is aggrieved by the confirmed decision.

Source:

S.L. 1989, ch. 587, § 1; 1993, ch. 489, § 1; 1995, ch. 116, § 10; 1995, ch. 472, § 7; 2019, ch. 416, § 5, effective August 1, 2019; 2021, ch. 377, § 12, effective August 1, 2021.

Notes to Decisions

Legislative Intent.

The legislature intended to provide only an internal administrative review of probable cause determinations under this section. Raboin v. North Dakota Dep't of Human Servs., 552 N.W.2d 329, 1996 N.D. LEXIS 170 (N.D. 1996).

50-25.1-05.5. Child abuse information index — Establishment.

The division of children and family services or other division as determined appropriate by the department shall maintain a child abuse information index of all reports confirmed or confirmed with unknown subjects for child abuse, neglect, or death resulting from abuse or neglect which are filed pursuant to section 50-25.1-05.2.

Source:

S.L. 1991, ch. 511, § 6; 1995, ch. 116, § 11; 1995, ch. 472, § 8; 2021, ch. 377, § 13, effective August 1, 2021.

50-25.1-05.6. Interviews on school property.

The department, authorized agent, or appropriate law enforcement agency shall notify the school principal or other appropriate school administrator of its intent to conduct an interview on school property pursuant to section 50-25.1-05. The school administrator may not disclose the nature of the notification or any other related information concerning the interview to any person, including a person responsible for the child’s welfare. The school administrator and department, authorized agent, or law enforcement agency shall make every effort to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school property.

Source:

S.L. 1989, ch. 586, § 2; 1995, ch. 472, § 4; 2021, ch. 377, § 14, effective August 1, 2021.

50-25.1-06. Protective and other services to be provided.

  1. The department shall provide protective services for a child meeting the definition of an abused or neglected child and who is at substantial risk of continued abuse or neglect due to a supported state of impending danger, as well as other children under the same care as may be necessary for their well-being and safety and shall provide other appropriate social services, as the circumstances warrant, to the parents, custodian, or other persons serving in loco parentis with respect to the child or the other children. The department may discharge the duties described in this section through an authorized agent. The department may provide protective services, as resources permit, for any child, other children under the same care, parents, custodian, or other persons serving in loco parentis upon concurrence of the parent, custodian, or other persons serving in loco parentis.
  2. The department shall provide appropriate services to a child referred as a child in need of services and shall provide appropriate services to the person responsible for the child’s welfare and the children under the same care as may be necessary for the well-being and safety of the children.

Source:

S.L. 1975, ch. 448, § 6; 1987, ch. 570, § 41; 1987, ch. 583, § 10; 2005, ch. 418, § 15; 2021, ch. 245, § 40, effective July 1, 2021; 2021, ch. 377, § 15, effective August 1, 2021.

Note.

Section 50-25.1-06 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 15 of Chapter 377, Session Laws 2021, Senate Bill 2083; and Section 40 of Chapter 245, Session Laws 2021, House Bill 1035.

Collateral References.

Tort liability of public authority for failure to remove parentally abused or neglected children from parents’ custody, 60 A.L.R.4th 942.

50-25.1-06.1. Caseload standards — Reimbursement. [Repealed]

Source:

S.L. 1985, ch. 538, § 1; 1995, ch. 472, § 9; 2005, ch. 418, § 16; 2017, ch. 343, § 3, effective August 1, 2017; 2019, ch. 416, § 6, effective August 1, 2019; repealed by 2019, ch. 391, § 139, effective January 1, 2020.

50-25.1-07. Protective custody.

Any physician examining a child with respect to whom abuse or neglect is known or suspected, after reasonable attempts to advise the parents, guardian, or other person having responsibility for the care of the child that the physician suspects has been abused or neglected, may keep the child in the custody of the hospital or medical facility for not to exceed ninety-six hours and must immediately notify the juvenile court and the department or authorized agent in order that child protective proceedings may be instituted.

Source:

S.L. 1975, ch. 448, § 7; 1987, ch. 570, § 42; 1987, ch. 583, § 11; 2021, ch. 377, § 16, effective August 1, 2021.

50-25.1-08. Guardian ad litem.

The court, in every case involving an abused or neglected child which results in a judicial proceeding, shall appoint a guardian ad litem for the child in those proceedings.

Source:

S.L. 1975, ch. 448, § 8; 1977, ch. 456, § 2; 1979, ch. 364, § 3.

50-25.1-09. Immunity from liability.

Any person, other than the alleged violator, participating in good faith in the making of a report, assisting in an investigation, assisting or furnishing information in a child protection assessment, assisting or furnishing information in an alternative response assessment, assisting or furnishing information in a family services assessment, or in providing protective services under this chapter or who is a member of the child fatality review panel, is immune from any liability, civil or criminal, except for criminal liability as provided by section 50-25.1-13, that otherwise might result from reporting the alleged case of abuse, neglect, or death resulting from child abuse or neglect. For the purpose of any proceeding, civil or criminal, the good faith of any person required to report cases of child abuse, neglect, or death resulting from abuse or neglect must be presumed.

Source:

S.L. 1975, ch. 448, § 9; 1985, ch. 536, § 8; 1995, ch. 116, § 12; 1995, ch. 472, § 10; 2017, ch. 343, § 4, effective August 1, 2017; 2019, ch. 416, § 7, effective August 1, 2019.

50-25.1-09.1. Employer retaliation prohibited — Penalty.

  1. An employer that retaliates against an employee solely because the employee in good faith reported having reasonable cause to suspect that a child was abused or neglected, or died as a result of abuse or neglect, or because the employee is a child with respect to whom a report was made, is guilty of a class B misdemeanor. It is a defense to any charge brought under this section that the presumption of good faith, described in section 50-25.1-09, has been rebutted.
  2. The employer of an individual required or permitted to report pursuant to section 50-25.1-03 which retaliates against the individual because of a report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that individual in a civil action for all damages, including exemplary damages, costs of the litigation, and reasonable attorney’s fees.
  3. There is a rebuttable presumption that any adverse action within ninety days of a report is retaliatory. For purposes of this subsection, an “adverse action” is action taken by an employer against the individual making the report or the child with respect to whom a report was made, including:
    1. Discharge, suspension, termination, or transfer from any facility, institution, school, agency, or other place of employment;
    2. Discharge from or termination of employment;
    3. Demotion or reduction in remuneration for services; or
    4. Restriction or prohibition of access to any facility, institution, school, agency, or other place of employment or individuals affiliated with it.

Source:

S.L. 1985, ch. 536, § 3; 1989, ch. 588, § 1; 1995, ch. 116, § 13; 2021, ch. 377, § 17, effective August 1, 2021.

50-25.1-10. Abrogation of privileged communications.

Any privilege of communication between husband and wife or between any professional person and the person’s patient or client, except between attorney and client, is abrogated and does not constitute grounds for preventing a report to be made or for excluding evidence in any proceeding regarding child abuse, neglect, or death resulting from abuse or neglect resulting from a report made under this chapter.

Source:

S.L. 1975, ch. 448, § 10; 1995, ch. 116, § 14.

Notes to Decisions

Termination of Parental Rights on Basis of Deprivation.

The statutory abrogation of the doctor-patient privilege by this section is not applicable where a petition for termination of parental rights alleges deprivation pursuant to section 27-20-44. Dasovick v. A.B (In re R.D.S.), 259 N.W.2d 636, 1977 N.D. LEXIS 190 (N.D. 1977).

N.D.C.C. § 50-25.1-10 abrogates the privilege in N.D. R. Evid. 503 in cases involving reports of alleged child abuse or neglect even when the termination petition alleges N.D.C.C. ch. 27-20 as a basis for the action. Berger v. F.O. (In the Interest of R.O.), 2001 ND 137, 631 N.W.2d 159, 2001 N.D. LEXIS 148 (N.D. 2001).

To the extent that Interest of R.D.S., 259 N.W.2d 636 (1977), attempts to distinguish allegations of deprivation from allegations of neglect for purposes of abrogating privileged communications, the North Dakota Supreme Court holds that the distinction is one without a difference. Berger v. F.O. (In the Interest of R.O.), 2001 ND 137, 631 N.W.2d 159, 2001 N.D. LEXIS 148 (N.D. 2001).

Collateral References.

Validity, construction, and application of statute limiting physician-patient privilege in judicial proceedings relating to child abuse or neglect, 44 A.L.R.4th 649.

Crimes against spouse within exception permitting testimony by one spouse against other in criminal prosecution — modern state cases, 74 A.L.R.4th 223.

Competency of one spouse to testify against other in prosecution for offense against third party as affected by fact that offense against spouse was involved in same transaction, 74 A.L.R.4th 277.

50-25.1-11. Confidentiality of records — Authorized disclosures.

  1. A report made under this chapter, as well as any other information obtained, is confidential and must be made available to:
    1. A physician who has before the physician a child whom the physician reasonably suspects may have been abused or neglected.
    2. A person who is authorized to place a child in protective custody and has before the person a child whom the person reasonably suspects may have been abused or neglected and the person requires the information to determine whether to place the child in protective custody.
    3. Authorized staff of the department and its authorized agents, children’s advocacy centers, and appropriate state child protection team members, and citizen review committee members.
    4. Any person who is the subject of the report; provided, however, that the identity of persons reporting or supplying information under this chapter is protected until the information is needed for use in an administrative proceeding arising out of the report.
    5. Public officials and their authorized agents who require the information in connection with the discharge of their official duties.
    6. A court, including an administrative hearing office, whenever the court determines that the information is necessary for the determination of an issue before the court.
    7. A person engaged in a bona fide research purpose approved by the department’s institutional review board; provided, however, that no individually identifiable information as defined in section 50-06-15 is made available to the researcher unless the information is absolutely essential to the research purpose and the department gives prior approval.
    8. An individual who is identified in subsection 1 of section 50-25.1-03, and who has made a report of suspected child abuse or neglect, if the child is likely to or continues to come before the reporter in the reporter’s official or professional capacity.
    9. A parent or a legally appointed guardian of the child identified in the report as suspected of being, or having been, abused or neglected, provided the identity of persons making the report or supplying information under this chapter is protected. Unless the information is confidential under section 44-04-18.7, when a decision is made under section 50-25.1-05.1 that a child is abused or neglected, the department or authorized agent shall make a good-faith effort to provide written notice of the decision to individuals identified in this subsection. The department or authorized agent shall consider any known domestic violence when providing notification under this section.
    10. A public or private school that is the subject of a report of institutional child abuse or neglect, provided the identity of the persons reporting or supplying the information under this chapter is protected, except if the individuals reporting or supplying information are employees of the public or private school.
  2. In accordance with subsection 3 of section 50-11.1-07.8, the department or authorized agent shall notify the owner, operator, holder of a self-declaration, or in-home provider and shall notify the parent or legally appointed guardian of a child, who at the time of notification is receiving early childhood services under chapter 50-11.1, of the name of the subject and provide a summary of the facts and the results of a child protection assessment conducted under this chapter if the report made under this chapter involves the owner, operator, holder of a self-declaration, or in-home provider; or involves an adult or minor staff member or adult or minor household member of the early childhood program, self-declaration, or in-home provider, who is providing care to the child.
  3. In accordance with subsection 4 of section 50-25.1-04.1, the department may notify the residential facility or setting’s board of directors and any entity that accredits the facility or setting of the institutional child abuse or neglect indicated determination, written report of the state child protection team, the approved improvement plan, and areas of deficiency that resulted in the notification.
  4. If a public or private school is the subject of a report of institutional child abuse or neglect, any records and information obtained, created, generated, or gathered by the public or private school in response to the report or during an investigation by the public or private school of the alleged conduct set forth in the report, are confidential until the state child protection team makes a determination in accordance with section 50-25.1-04.1 whether institutional child abuse or neglect is indicated.

Source:

S.L. 1975, ch. 448, § 11; 1979, ch. 514, § 9; 1985, ch. 536, § 9; 1987, ch. 570, § 43; 1987, ch. 583, § 12; 1989, ch. 585, § 6; 2001, ch. 155, § 2; 2005, ch. 418, § 17; 2005, ch. 434, § 3; 2007, ch. 431, § 6; 2009, ch. 434, § 2; 2011, ch. 360, § 2; 2017, ch. 347, § 2, effective August 1, 2017; 2019, ch. 407, § 4, effective August 1, 2019; 2019, ch. 416, § 8, effective August 1, 2019; 2021, ch. 377, § 18, effective August 1, 2021.

Effective Date.

The 2011 amendment of this section by section 2 of chapter 360, S.L. 2011 became effective August 1, 2011.

The 2009 amendment of this section by section 2 of chapter 434, S.L. 2009 became effective August 1, 2009.

The 2007 amendment of this section by section 6 of chapter 431, S.L. 2007 became effective August 1, 2007.

Note.

Section 50-25.1-11 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 4 of Chapter 407, Session Laws 2019, Senate Bill 2043; and Section 8 of Chapter 416, Session Laws 2019, House Bill 1108.

Notes to Decisions

Harmless Error.

Admission of child abuse investigation report that contained hearsay did not constitute reversible error where the trial court specifically stated it was not going to decisively rely on it in making its custody decision. Zimmerman v. Zimmerman, 1997 ND 182, 569 N.W.2d 277, 1997 N.D. LEXIS 236 (N.D. 1997).

50-25.1-11.1. Children’s advocacy centers — Confidentiality of records — Criminal history record checks.

  1. Records and digital media in the possession of a children’s advocacy center relating to a forensic medical examination, forensic interview, or therapy are confidential and may be released only to a person other than a law enforcement agency, the department or the department’s authorized agent, or a medical or mental health professional when the child comes before the medical or mental health professional in that person’s professional capacity, upon service of a subpoena signed by a judge.
  2. The department may submit a request for a criminal history record check under section 12-60-24 on an employee, final applicant for employment, contractor, multidisciplinary team member, or volunteer of a children’s advocacy center who has contact with a child at or through a children’s advocacy center.

Source:

S.L. 2017, ch. 344, § 3, effective August 1, 2017; 2021, ch. 378, § 2, effective March 26, 2021; 2021, ch. 30, § 13, effective July 1, 2021.

Note.

Section 50-25.1-11.1 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 13 of Chapter 30, Session Laws 2021, Senate Bill 2002; and Section 2 of Chapter 378, Session Laws 2021, Senate Bill 2131.

50-25.1-12. Cooperation required.

All law enforcement officials, courts of competent jurisdiction, and appropriate state agencies shall cooperate in fulfillment of the purposes of this chapter.

Source:

S.L. 1975, ch. 448, § 12.

50-25.1-13. Penalty for failure to report — Penalty and civil liability for false reports.

Any individual required by this chapter to report or to supply information concerning a case of known or suspected child abuse, neglect, or death resulting from abuse or neglect who willfully, as defined in section 12.1-02-02, fails to do so is guilty of a class B misdemeanor. Any individual who willfully, as defined in section 12.1-02-02, makes a false report, or provides false information that causes a report to be made, under this chapter is guilty of a class B misdemeanor unless the false report is made to a law enforcement official, in which case the individual who causes the false report to be made is guilty of a class A misdemeanor. An individual who willfully makes a false report, or willfully provides false information that causes a report to be made, under this chapter is also liable in a civil action for all damages suffered by the person reported, including exemplary damages.

Source:

S.L. 1975, ch. 448, § 13; 1985, ch. 536, § 10; 1987, ch 585, § 1; 1989, ch. 585, § 7; 1989, ch. 588, § 2; 1995, ch. 116, § 15; 2021, ch. 377, § 19, effective August 1, 2021.

Collateral References.

Validity, construction, and application of state statute requiring doctor or other person to report child abuse, 73 A.L.R.4th 782.

50-25.1-14. Unauthorized disclosure of reports — Penalty.

Any individual who permits or encourages the unauthorized disclosure of reports made or confidential information obtained under the provisions of this chapter is guilty of a class B misdemeanor.

Source:

S.L. 1975, ch. 448, § 14; 2021, ch. 377, § 20, effective August 1, 2021.

50-25.1-15. Abandoned infant — Approved location procedure — Reporting immunity. [Effective through August 31, 2022]

  1. As used in this section:
    1. “Abandoned infant” means an infant who has been abandoned at birth at a hospital or before reaching the age of one year regardless of the location of birth and who has been left with an on-duty staff member at an approved location in an unharmed condition.
    2. “Approved location” means a hospital or other location as designated by administrative rule adopted by the department.
    3. “Hospital” means a facility licensed under chapter 23-16.
  2. A parent of an infant under the age of one year, or an agent of the parent with the parent’s consent, may leave the infant with an on-duty staff member at an approved location. Neither the parent nor the agent is subject to prosecution under sections 14-07-15 and 14-09-22 for leaving an abandoned infant.
  3. An approved location shall accept an infant left under this section. The approved location may request information regarding the parents and shall provide the parent or the agent with a medical history form and an envelope with the approved location’s return address. If a hospital accepting the infant has the infant’s medical history, the hospital is not required to provide the parent or the agent with a medical history form. Neither the parent nor the agent is required to provide any information.
  4. If an infant is left at a hospital, the hospital shall provide the parent or the agent with a numbered identification bracelet to link the parent or the agent to the infant, unless due to birth of the infant, the infant and parent currently have an identification bracelet. Possession of an identification bracelet does not entitle the bracelet holder to take custody of the infant on demand. If an individual possesses a bracelet linking the individual to an infant left at a hospital under this section and parental rights have not been terminated, possession of the bracelet creates a presumption that the individual has standing to participate in a protection services action brought under this chapter or chapter 27-20.3. Possession of the bracelet does not create a presumption of maternity, paternity, or custody.
  5. The approved location may provide the parent or the agent with any relevant information, including:
    1. Information about the safe place for abandoned infant programs;
    2. Information about adoption and counseling services; and
    3. Information about whom to contact if reunification is sought.
  6. Within twenty-four hours of receiving an infant under this section, the approved location shall report to the department or authorized agent, as required by section 50-25.1-03, that an infant has been left at the approved location. The report may not be made before the parent or the agent leaves the approved location.
  7. The approved location and its employees and agents are immune from any criminal or civil liability for accepting an infant under this section.
  8. Upon receiving a report of an abandoned infant under this section, the department or authorized agent shall proceed as required under this chapter if it appears that the abandoned infant was not harmed, except the department or authorized agent may not attempt to identify or contact the parent or the agent. If it appears the infant who was left was harmed, the department or authorized agent shall initiate a child protection assessment of the matter as required by law.
  9. If an individual claiming to be the parent or the agent contacts the department or authorized agent and requests to be reunited with the infant who was left, the department or authorized agent may identify or contact the individual as required under this chapter and all other applicable laws. If an individual contacts the department or authorized agent seeking information only, the department or authorized agent may attempt to obtain information regarding the identity and medical history of the parents and may provide information regarding the procedures in a case involving an infant who was left at an approved location. The individual is under no obligation to respond to the request for information, and the department or authorized agent may not attempt to compel response to investigate the identity or background of the individual.
  10. The state department of health, in coordination with the department of human services, shall develop and implement a public awareness campaign to provide information, public service announcements, and educational materials regarding this section to the public, including medical providers, law enforcement, and social service agencies.

Source:

S.L. 2001, ch. 434, § 1; 2019, ch. 416, § 9, effective August 1, 2019; 2019, ch. 417, § 1, effective August 1, 2019; 2021, ch. 245, § 41, § 41, effective August 1, 2021; 2021, ch. 377, § 21, effective August 1, 2021; 2021, ch. 352, § 470, effective September 1, 2022.

Note.

Section 50-25.1-15 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 21 of Chapter 377, Session Laws 2021, House Bill 2083; Section 41 of Chapter 245, Session Laws 2021, House Bill 1035; and Section 470 of Chapter 352, Session Laws 2021, House Bill 1247.

Section 50-25.1-15 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 417, Session Laws 2019, House Bill 1285; and Section 9 of Chapter 416, Session Laws 2019, House Bill 1108.

Collateral References.

Construction and Application of State Abandoned Newborn Infant Protection Acts. 70 A.L.R.6th 183.

50-25.1-15. Abandoned infant — Approved location procedure — Reporting immunity. [Effective September 1, 2022]

  1. As used in this section:
    1. “Abandoned infant” means an infant who has been abandoned at birth at a hospital or before reaching the age of one year regardless of the location of birth and who has been left with an on-duty staff member at an approved location in an unharmed condition.
    2. “Approved location” means a hospital or other location as designated by administrative rule adopted by the department.
    3. “Hospital” means a facility licensed under chapter 23-16.
  2. A parent of an infant under the age of one year, or an agent of the parent with the parent’s consent, may leave the infant with an on-duty staff member at an approved location. Neither the parent nor the agent is subject to prosecution under sections 14-07-15 and 14-09-22 for leaving an abandoned infant.
  3. An approved location shall accept an infant left under this section. The approved location may request information regarding the parents and shall provide the parent or the agent with a medical history form and an envelope with the approved location’s return address. If a hospital accepting the infant has the infant’s medical history, the hospital is not required to provide the parent or the agent with a medical history form. Neither the parent nor the agent is required to provide any information.
  4. If an infant is left at a hospital, the hospital shall provide the parent or the agent with a numbered identification bracelet to link the parent or the agent to the infant, unless due to birth of the infant, the infant and parent currently have an identification bracelet. Possession of an identification bracelet does not entitle the bracelet holder to take custody of the infant on demand. If an individual possesses a bracelet linking the individual to an infant left at a hospital under this section and parental rights have not been terminated, possession of the bracelet creates a presumption that the individual has standing to participate in a protection services action brought under this chapter or chapter 27-20.3. Possession of the bracelet does not create a presumption of maternity, paternity, or custody.
  5. The approved location may provide the parent or the agent with any relevant information, including:
    1. Information about the safe place for abandoned infant programs;
    2. Information about adoption and counseling services; and
    3. Information about whom to contact if reunification is sought.
  6. Within twenty-four hours of receiving an infant under this section, the approved location shall report to the department or authorized agent, as required by section 50-25.1-03, that an infant has been left at the approved location. The report may not be made before the parent or the agent leaves the approved location.
  7. The approved location and its employees and agents are immune from any criminal or civil liability for accepting an infant under this section.
  8. Upon receiving a report of an abandoned infant under this section, the department or authorized agent shall proceed as required under this chapter if it appears that the abandoned infant was not harmed, except the department or authorized agent may not attempt to identify or contact the parent or the agent. If it appears the infant who was left was harmed, the department or authorized agent shall initiate a child protection assessment of the matter as required by law.
  9. If an individual claiming to be the parent or the agent contacts the department or authorized agent and requests to be reunited with the infant who was left, the department or authorized agent may identify or contact the individual as required under this chapter and all other applicable laws. If an individual contacts the department or authorized agent seeking information only, the department or authorized agent may attempt to obtain information regarding the identity and medical history of the parents and may provide information regarding the procedures in a case involving an infant who was left at an approved location. The individual is under no obligation to respond to the request for information, and the department or authorized agent may not attempt to compel response to investigate the identity or background of the individual.
  10. The department shall develop and implement a public awareness campaign to provide information, public service announcements, and educational materials regarding this section to the public, including medical providers, law enforcement, and social service agencies.

Source:

S.L. 2001, ch. 434, § 1; 2019, ch. 416, § 9, effective August 1, 2019; 2019, ch. 417, § 1, effective August 1, 2019; 2021, ch. 245, § 41, § 41, effective August 1, 2021; 2021, ch. 377, § 21, effective August 1, 2021; 2021, ch. 352, § 470, effective September 1, 2022.

50-25.1-16. Prenatal exposure to controlled substances — Reporting requirements.

  1. An individual required to report under section 50-25.1-03 who has knowledge of or reasonable cause to suspect that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy shall report the circumstances to the department or authorized agent if the knowledge or suspicion is derived from information received by that individual in that individual’s official or professional capacity.
  2. Any individual may make a voluntary report if the individual has knowledge of or reasonable cause to suspect that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy.
  3. If a report alleges a pregnant woman’s use of a controlled substance for a nonmedical purpose, the department or authorized agent immediately shall initiate an appropriate assessment and offer services indicated under the circumstances. Services offered may include a referral for an addiction assessment, a referral for substance use disorder treatment if recommended, or a referral for prenatal care. The department or authorized agent may also take any appropriate action under chapter 25-03.1.
  4. A report and assessment under this section is not required if the pregnant woman voluntarily enters treatment in a licensed treatment program. If the pregnant woman does not complete voluntary treatment or fails to follow treatment recommendations, an individual required to report under section 50-25.1-03 who has knowledge of the failure to complete voluntary treatment or failure to follow treatment recommendations shall make a report as required by this section.
  5. A report under this section must be made as described in section 50-25.1-04 and must be sufficient to identify the woman, the nature and extent of use, if known, and the name and address of the individual making the report.

Source:

S.L. 2003, ch. 431, § 2; 2019, ch. 225, § 16, effective August 1, 2019; 2021, ch. 377, § 22, effective August 1, 2021.

50-25.1-17. Toxicology testing — Requirements.

  1. If the woman has obstetrical complications that are a medical indication of possible use of a controlled substance for a nonmedical purpose, upon the consent of the pregnant woman, or without consent if a specimen is otherwise available, a physician shall administer a toxicology test to a pregnant woman under the physician’s care or to a woman under the physician’s care within eight hours after delivery to determine whether there is evidence that she has ingested a controlled substance. If the test results are positive, the physician shall report the results under section 50-25.1-03.1. A negative test result or the pregnant woman’s refusal to consent to a test does not eliminate the obligation to report under section 50-25.1-03 if other evidence gives the physician reason to believe the patient has used a controlled substance for a nonmedical purpose.
  2. If a physician has reason to believe based on a medical assessment of the mother or the infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy, the physician shall administer, without the consent of the child’s parents or guardian, to the newborn infant born under the physician’s care a toxicology test to determine whether there is evidence of prenatal exposure to a controlled substance. If the test results are positive, the physician shall report the results as neglect under section 50-25.1-03. A negative test result does not eliminate the obligation to report under section 50-25.1-03 if other medical evidence of prenatal exposure to a controlled substance is present.
  3. A physician or any other medical personnel administering a toxicology test to determine the presence of a controlled substance in a pregnant woman, in a woman within eight hours after delivery, or in a child at birth or during the first month of life is immune from civil or criminal liability arising from administration of the test if the physician ordering the test believes in good faith that the test is required under this section and the test is administered in accordance with an established protocol and reasonable medical practice. A physician or any other medical personnel who determines in good faith not to administer a toxicology test under this section is immune from liability for not administering the test.

Source:

S.L. 2003, ch. 431, § 3.

50-25.1-18. Prenatal exposure to alcohol abuse — Reporting requirements.

  1. An individual required to report under section 50-25.1-03 who has knowledge of or reasonable cause to suspect that a woman is pregnant and has abused alcohol after the woman knows of the pregnancy may:
    1. Arrange for an addiction assessment conducted by a licensed treatment program and confirm that the recommendations indicated by the assessment are followed; or
    2. Immediately report the circumstances to the department or authorized agent if the knowledge or suspicion is derived from information received by that individual in that individual’s official or professional capacity.
  2. An individual may make a voluntary report if the individual has knowledge of or reasonable cause to suspect that a woman is pregnant and has abused alcohol during the pregnancy.
  3. If the woman is referred for an addiction assessment under subdivision a of subsection 1 and fails to obtain an assessment or refuses to comply with the recommendations of the assessment, an individual required to report under section 50-25.1-03 who has knowledge of the failure to obtain the assessment or refusal to comply with recommendations of the assessment shall make a report to the department or authorized agent.
  4. If a report alleges a pregnant woman has abused alcohol, the department or authorized agent shall immediately initiate an appropriate assessment and offer services indicated under the circumstances. Services offered may include a referral for an addiction assessment, a referral for substance use disorder treatment, if recommended, or a referral for prenatal care. The department or authorized agent may also take any appropriate action under chapter 25-03.1.
  5. A report and assessment under this section is not required if the pregnant woman voluntarily enters treatment in a licensed treatment program. If the pregnant woman does not complete voluntary treatment or fails to follow treatment recommendations, an individual required to report under section 50-25.1-03 who has knowledge of the failure to complete voluntary treatment or failure to follow treatment recommendations shall make a report as required by this section.
  6. A report under this section must be made as described in section 50-25.1-04 and must be sufficient to identify the woman, the nature and extent of the abuse of alcohol, any health risk associated with the abuse of alcohol, and the name and address of the individual making the report.

Source:

S.L. 2003, ch. 431, § 4; 2019, ch. 225, § 17, effective August 1, 2019; 2021, ch. 377, § 23, effective August 1, 2021.

50-25.1-19. Child protective services duties — Training requirements.

  1. The department or authorized agent, at the initial time of contact with an individual subject to a child abuse or neglect assessment, shall advise the individual of the specific complaints or allegations made against the individual.
  2. The department or authorized agent shall provide training to all representatives of the child protective services system regarding the legal duties of the representatives. The training may consist of various methods of informing the representatives of these duties, to protect the legal rights and safety of children and families from the initial time of contact during assessment through treatment.
  3. The department shall adopt rules to implement the requirements of this section.

Source:

S.L. 2005, ch. 435, § 1; 2021, ch. 377, § 24, effective August 1, 2021.

50-25.1-20. Alternative response assessment — Compliance.

If an alternative response assessment is initiated as a result of a report of child abuse or neglect, a decision that a child is confirmed abused or neglected may not be made if the person responsible for the child’s welfare complies with the resulting referred services and plan of safe care for the substance exposed newborn. The department or authorized agent shall determine whether a person responsible for the child’s welfare has complied with the referred services and plan of safe care for the substance exposed newborn. If the department or authorized agent determines a person responsible for the child’s welfare has not complied with the referred services and plan of safe care for the substance exposed newborn, an assessment of the initial report of child abuse or neglect may be completed.

History. S.L. 2017, ch. 343, § 5, effective August 1, 2017; 2021, ch. 377, § 25, effective August 1, 2021.

50-25.1-21. Alternative response assessment — Services.

  1. In response to an alternative response assessment, the department:
    1. Shall provide referral services to, and monitor support services for, the person responsible for the child’s welfare, the substance exposed newborn, and other children under the same care as may be necessary for their well-being and safety;
    2. Shall develop a plan of safe care for the substance exposed newborn; and
    3. May take any appropriate action under chapter 25-03.1.
  2. The department may discharge the powers and duties provided under this section through an authorized agent.

History. S.L. 2017, ch. 343, § 6, effective August 1, 2017; 2021, ch. 377, § 26, effective August 1, 2021.

50-25.1-22. Family services assessment — Compliance.

If a family services assessment is initiated as a result of a report of child abuse or neglect, a decision that a child is confirmed abused or neglected may not be made if a person responsible for the child’s welfare complies with the resulting referred services for the child. The department or authorized agent shall determine whether a person responsible for the child’s welfare has complied with the referred services. If the department or authorized agent determines a person responsible for the child’s welfare has not complied with the referred services for the child, a child protection assessment of the initial report of child abuse or neglect may be completed.

Source:

S.L. 2019, ch. 416, § 6, effective August 1, 2019; 2021, ch. 377, § 27, effective August 1, 2021.

50-25.1-23. Family services assessment — Services.

  1. In response to a family services assessment, the department shall provide appropriate referral services to a person responsible for the child’s welfare and the children under the same care as may be necessary for the well-being and safety of the children.
  2. The department may discharge the powers and duties provided under this section through an authorized agent.

Source:

S.L. 2019, ch. 416, § 11, effective August 1, 2019; 2021, ch. 377, § 28, effective August 1, 2021.

50-25.1-24. Evidence-based screening tool records — Confidentiality — Admissibility — Privileged.

  1. Evidence-based screening tool records are confidential and may be only used for conducting a screening, treatment, referral for services, and receiving services.
  2. Evidence-based screening tool records are not subject to section 50-25.1-11.
  3. The department may release reports, data compilations, analyses, and summaries, which identify or analyze trends.
  4. Evidence-based screening tool records are privileged and are not subject to subpoena or discovery or introduction into evidence in any civil or administrative action.

Source:

S.L. 2019, ch. 416, §§ 10-12, effective August 1, 2019; 2021, ch. 377, § 27, effective August 1, 2021; 2021, ch. 245, § 39, effective July 1, 2021; 2021, ch. 352, § 467, § 468, effective September 1, 2022; 2021, ch. 377, § 1, eff August 1, 2021; 2021, ch. 352, §§ 467, 468, eff September 1, 2022.

CHAPTER 50-25.2 Vulnerable Adult Protection Services

50-25.2-01. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Abuse” means any willful act or omission of a caregiver or any other person which results in physical injury, mental anguish, unreasonable confinement, sexual abuse or exploitation, or financial exploitation to or of a vulnerable adult.
  2. “Adult” includes a minor emancipated by marriage.
  3. “Adult protective services” means remedial, social, legal, health, mental health, and referral services provided for the prevention, correction, or discontinuance of abuse or neglect which are necessary and appropriate under the circumstances to protect an abused or neglected vulnerable adult, ensure that the least restrictive alternative is provided, prevent further abuse or neglect, and promote self-care and independent living. The term includes the following services provided by the department or the department’s designee:
    1. Receiving, evaluating, and assessing reports of alleged abuse or neglect;
    2. Arranging for and coordinating the provision of essential services;
    3. Providing case management and counseling for the purposes of planning and providing social and other services needed by vulnerable adults;
    4. Arranging for and coordinating the provision of other services, including financial management or assistance, legal assistance, and the services of domestic violence programs;
    5. Monitoring the delivery of services to vulnerable adults and making progress assessments; and
    6. Arranging for or providing, and coordinating, other services consistent with this chapter.
  4. “Caregiver” means any person who has assumed the legal responsibility or a contractual obligation for the care of a vulnerable adult or has voluntarily assumed responsibility for the care of a vulnerable adult. The term includes a facility operated by any public or private agency, organization, or institution which provides services to, and has assumed responsibility for the care of, a vulnerable adult.
  5. “Department” means the department of human services.
  6. “Essential services” means those services necessary to maintain and safeguard the physical and mental health of a vulnerable adult which include sufficient and appropriate food and clothing, temperate and sanitary shelter, treatment for mental or physical needs, appropriate treatment for medical needs as determined by a physician or other health care provider, and proper supervision.
  7. “Financial exploitation” means use or receipt of services provided by the vulnerable adult without just compensation, the taking, acceptance, misappropriation, or misuse of property or resources of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means.
  8. “Least restrictive alternative” means adult protective services provided in a manner no more restrictive of a vulnerable adult’s liberty and no more intrusive than necessary to achieve and ensure the provision of essential services.
  9. “Living independently” includes using the telephone, shopping, preparing food, housekeeping, and administering medications.
  10. “Mental anguish” means psychological or emotional damage that requires medical treatment or care or is characterized by behavioral change or physical symptoms.
  11. “Neglect” means the failure of a caregiver to provide essential services necessary to maintain the physical and mental health of a vulnerable adult, or the inability or lack of desire of the vulnerable adult to provide essential services necessary to maintain and safeguard the vulnerable adult’s own physical and mental health.
  12. “Physical injury” means damage to bodily tissue caused by nontherapeutic conduct, which includes fractures, bruises, lacerations, internal injuries, dislocations, physical pain, illness, or impairment of physical function.
  13. “Self-care” includes maintaining personal hygiene, eating, and dressing.
  14. “Sexual abuse or exploitation” includes those sex offenses defined in sections 12.1-20-02, 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-07, and 12.1-20-11.
  15. “Substantial functional impairment” means a substantial incapability, because of physical limitations, of living independently or providing self-care as determined through observation, diagnosis, evaluation, or assessment.
  16. “Substantial mental impairment” means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, evaluation, or assessment.
  17. “Vulnerable adult” means an adult who has a substantial mental or functional impairment.
  18. “Willfully” means willfully as defined in section 12.1-02-02.

Source:

S.L. 1989, ch. 589, § 1; 2017, ch. 342, § 1, effective August 1, 2017.

Collateral References.

What voluntary acts of child, other than marriage or entry into military service, terminate parent’s obligation to support, 55 A.L.R.5th 557.

50-25.2-01. Definitions. [Effective September 1, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Abuse” means any willful act or omission of a caregiver or any other person which results in physical injury, mental anguish, unreasonable confinement, sexual abuse or exploitation, or financial exploitation to or of a vulnerable adult.
  2. “Adult” includes a minor emancipated by marriage.
  3. “Adult protective services” means remedial, social, legal, health, mental health, and referral services provided for the prevention, correction, or discontinuance of abuse or neglect which are necessary and appropriate under the circumstances to protect an abused or neglected vulnerable adult, ensure that the least restrictive alternative is provided, prevent further abuse or neglect, and promote self-care and independent living. The term includes the following services provided by the department or the department’s designee:
    1. Receiving, evaluating, and assessing reports of alleged abuse or neglect;
    2. Arranging for and coordinating the provision of essential services;
    3. Providing case management and counseling for the purposes of planning and providing social and other services needed by vulnerable adults;
    4. Arranging for and coordinating the provision of other services, including financial management or assistance, legal assistance, and the services of domestic violence programs;
    5. Monitoring the delivery of services to vulnerable adults and making progress assessments; and
    6. Arranging for or providing, and coordinating, other services consistent with this chapter.
  4. “Caregiver” means any person who has assumed the legal responsibility or a contractual obligation for the care of a vulnerable adult or has voluntarily assumed responsibility for the care of a vulnerable adult. The term includes a facility operated by any public or private agency, organization, or institution which provides services to, and has assumed responsibility for the care of, a vulnerable adult.
  5. “Department” means the department of health and human services.
  6. “Essential services” means those services necessary to maintain and safeguard the physical and mental health of a vulnerable adult which include sufficient and appropriate food and clothing, temperate and sanitary shelter, treatment for mental or physical needs, appropriate treatment for medical needs as determined by a physician or other health care provider, and proper supervision.
  7. “Financial exploitation” means use or receipt of services provided by the vulnerable adult without just compensation, the taking, acceptance, misappropriation, or misuse of property or resources of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means.
  8. “Least restrictive alternative” means adult protective services provided in a manner no more restrictive of a vulnerable adult’s liberty and no more intrusive than necessary to achieve and ensure the provision of essential services.
  9. “Living independently” includes using the telephone, shopping, preparing food, housekeeping, and administering medications.
  10. “Mental anguish” means psychological or emotional damage that requires medical treatment or care or is characterized by behavioral change or physical symptoms.
  11. “Neglect” means the failure of a caregiver to provide essential services necessary to maintain the physical and mental health of a vulnerable adult, or the inability or lack of desire of the vulnerable adult to provide essential services necessary to maintain and safeguard the vulnerable adult’s own physical and mental health.
  12. “Physical injury” means damage to bodily tissue caused by nontherapeutic conduct, which includes fractures, bruises, lacerations, internal injuries, dislocations, physical pain, illness, or impairment of physical function.
  13. “Self-care” includes maintaining personal hygiene, eating, and dressing.
  14. “Sexual abuse or exploitation” includes those sex offenses defined in sections 12.1-20-02, 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-07, and 12.1-20-11.
  15. “Substantial functional impairment” means a substantial incapability, because of physical limitations, of living independently or providing self-care as determined through observation, diagnosis, evaluation, or assessment.
  16. “Substantial mental impairment” means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, evaluation, or assessment.
  17. “Vulnerable adult” means an adult who has a substantial mental or functional impairment.
  18. “Willfully” means willfully as defined in section 12.1-02-02.

Source:

S.L. 1989, ch. 589, § 1; 2017, ch. 342, § 1, effective August 1, 2017; 2021, ch. 352, § 471, effective September 1, 2022.

50-25.2-02. Adult protective services program — Rules.

The department shall develop, administer, and cause to be implemented a program of protective services for vulnerable adults consistent with this chapter. In developing and administering the program, the department, within the limits of legislative appropriation, shall allocate and distribute funds for the purpose of providing adult protective services. All law enforcement agencies, courts of competent jurisdiction, and appropriate state and local agencies shall cooperate in the implementation and enforcement of this chapter. The department may adopt rules in accordance with chapter 28-32 for the purpose of implementing the provisions of this chapter.

Source:

S.L. 1989, ch. 589, § 2; 2019, ch. 418, § 2, effective August 1, 2019.

50-25.2-03. Reporting of abuse or neglect — Method of reporting.

  1. Any medical or mental health professional or personnel, law enforcement officer, firefighter, member of the clergy, or caregiver having knowledge a vulnerable adult has been subjected to abuse or neglect, or who observes a vulnerable adult being subjected to conditions or circumstances that reasonably would result in abuse or neglect, shall report the information to the department, or the department’s designee, or to an appropriate law enforcement agency if the knowledge is derived from information received by that individual in that individual’s official or professional capacity. A member of the clergy, however, is not required to report the information if the knowledge is derived from information received in the capacity of spiritual adviser. An individual in the position of a long-term care ombudsman is not a mandated reporter of suspected abuse or neglect. For purposes of this subsection, “medical or mental health professional or personnel” means a professional or personnel providing health care or services to a vulnerable adult, on a full-time or part-time basis, on an individual basis or at the request of a caregiver, and includes a medical examiner, coroner, dentist, dental hygienist, optometrist, pharmacist, chiropractor, podiatrist, physical therapist, occupational therapist, tier 1 through tier 4 mental health professional as defined under section 25-01-01, emergency medical services personnel, hospital personnel, nursing home personnel, congregate care personnel, or any other person providing medical and mental health services to a vulnerable adult.
  2. A report, if required by section 25-01.3-04, satisfies all reporting requirements of this chapter.
  3. Any person not required to report under subsection 1 who has reasonable cause to believe that a vulnerable adult has been subjected to abuse or neglect, or who observes a vulnerable adult being subjected to conditions or circumstances that reasonably would result in abuse or neglect, may report the information to the department or the department’s designee or to an appropriate law enforcement agency. A law enforcement agency receiving a report under this section shall immediately notify the department or the department’s designee of the report.
  4. An individual required to report under subsection 1 shall make an oral or written report and a person voluntarily reporting under subsection 2 may make an oral or written report, as soon as possible. To the extent reasonably possible, a person who makes a report under this section shall include in the report:
    1. The name, age, and residence address of the alleged vulnerable adult;
    2. The name and residence address of the caregiver, if any;
    3. The nature and extent of the alleged abuse or neglect or the conditions and circumstances that would reasonably be expected to result in abuse or neglect;
    4. Any evidence of previous abuse or neglect, including the nature and extent of the abuse or neglect; and
    5. Any other information in the opinion of the person making the report may be helpful in establishing the cause of the alleged abuse or neglect and the identity of the individual responsible for the alleged abuse or neglect.

Source:

S.L. 1989, ch. 589, § 3; 2013, ch. 384, § 1; 2017, ch. 97, § 30, effective August 1, 2017; 2019, ch. 418, § 3, effective August 1, 2019.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 384, S.L. 2013 became effective August 1, 2013.

50-25.2-04. Referral of complaints concerning long-term care facilities.

Any report received by the department or the department’s designee under section 50-25.2-03 complaining of any administrative action, as defined in section 50-10.1-01, that may adversely affect or may have adversely affected the health, safety, welfare, or personal or civil rights of a resident in a long-term care facility, as defined in section 50-10.1-01, or an individual who was discharged from a long-term care facility within one month of the complaint, must be referred to the state long-term care ombudsman.

Source:

S.L. 1989, ch. 589, § 4; 2019, ch. 418, § 4, effective August 1, 2019.

50-25.2-05. Evaluation and assessment — Participation by law enforcement agencies — Entry.

  1. The department or the department’s designee shall immediately evaluate and assess any report received by the department or the department’s designee under section 50-25.2-03, including the residence of the alleged vulnerable adult and the circumstances surrounding the report. For the purpose of evaluating a report or providing other adult protective services, the department or the department’s designee may:
    1. Interview the alleged vulnerable adult, with or without notice to the caregiver or any other person, and interview the caregiver and any other individual who may have knowledge of the circumstances surrounding the report;
    2. Enter any premises in which the alleged vulnerable adult is an occupant, with the consent of the alleged vulnerable adult or the caregiver;
    3. Have access to all records of the vulnerable adult:
      1. If the vulnerable adult, or the caregiver or legal representative of the vulnerable adult, has authorized the department or the department’s designee to have access;
      2. If the vulnerable adult, because of a substantial functional or mental impairment, is unable to authorize the department or the department’s designee to have such access, does not have a legal guardian or other legal representative, and is an individual with respect to whom a report was received by the department or the department’s designee; or
      3. If the vulnerable adult, because of a substantial functional or mental impairment, is unable to authorize the department or the department’s designee to have such access, the legal guardian or other legal representative is alleged to cause the circumstances surrounding the report, and is an individual with respect to whom a report was received by the department or the department’s designee;
    4. Coordinate the assessment and the provision of other adult protective services with other state or local agencies, departments, or institutions, including the agency of the protection and advocacy project, or private agencies, organizations, and professionals providing services necessary or advisable for the vulnerable adult; and
    5. Request records, except as prohibited under title 42, Code of Federal Regulations, part 2, from a medical, dental, or mental health professional, hospital, medical or mental health facility, or health care clinic regarding a vulnerable adult with respect to whom a report was received by the department or the department’s designee. A medical, dental, or mental health professional, hospital, medical or mental health facility, or health care clinic shall disclose to the department or the department’s designee, upon request, the records of a patient or client which are relevant to a vulnerable adult evaluation, assessment or other adult protective services. The department, or the department’s designee, shall limit the request for records to the minimum amount of records necessary to enable a determination to be made or to support other adult protective services.
  2. If a report alleges, or circumstances surrounding the report indicate, a violation of a criminal statute or an imminent danger of serious physical injury or death of the vulnerable adult, the department or the department’s designee shall notify the appropriate law enforcement agency. In such a case, the law enforcement agency may investigate the allegations in the report, take immediate steps if necessary to protect the vulnerable adult, and institute legal proceedings if appropriate. The law enforcement agency shall notify the department or the department’s designee if such action is taken. This section does not limit the responsibilities of law enforcement agencies to enforce the laws of this state or preclude law enforcement agencies from investigating, as appropriate, any alleged criminal conduct. In all other cases of alleged abuse or neglect, the department or the department’s designee may request assistance in an evaluation or the provision of other adult protective services from an appropriate law enforcement agency if necessary under the circumstances.
  3. If the alleged vulnerable adult, or the caregiver, does not consent to an evaluation or investigation, a search warrant may be issued by a magistrate pursuant to law upon a showing of probable cause to believe that abuse or neglect has occurred. A law enforcement officer may make a reasonable entry of the premises without a search warrant or consent of the alleged vulnerable adult or caregiver for the purpose of rendering assistance if the officer has probable cause to believe that the delay of entry would cause the alleged vulnerable adult to be in imminent danger of serious physical injury or death.

Source:

S.L. 1989, ch. 589, § 5; 1991, ch. 508, § 4; 2019, ch. 418, § 5, effective August 1, 2019.

50-25.2-06. Provision of adult protective services.

If the department or the department’s designee determines that a vulnerable adult demonstrates a need for adult protective services, the department or the department’s designee shall provide, or arrange for the provision of, adult protective services, provided the vulnerable adult consents to and accepts the services.

Source:

S.L. 1989, ch. 589, § 6.

50-25.2-07. Refusal or inability to accept adult protective services — Department alternatives.

If a vulnerable adult who is subject to abuse or neglect is unable to consent and accept, or the caregiver refuses, adult protective services determined by the department or the department’s designee to be necessary under this chapter, the department or the department’s designee may pursue any administrative, legal, and other remedies authorized by law which are necessary and appropriate under the circumstances to protect the vulnerable adult and prevent further abuse or neglect. The state’s attorney of the county in which the vulnerable adult resides or is located shall assist the department or the department’s designee, upon request, in pursuing an appropriate remedy. Available remedies include seeking:

  1. The appointment of a guardian under chapter 30.1-28 or a conservator under chapter 30.1-29;
  2. A restraining order or other court order necessary under the circumstances;
  3. The removal of an abusive or neglectful guardian or conservator and appointment of a suitable person as guardian or conservator, pursuant to sections 30.1-28-07 and 30.1-29-15;
  4. The provision of appropriate treatment under chapter 25-03.1;
  5. The criminal prosecution of the individual responsible for the abuse or neglect; and
  6. Any other available administrative, legal, or other remedies on behalf of the vulnerable adult.

Source:

S.L. 1989, ch. 589, § 7.

50-25.2-08. Cost of adult protective services.

The vulnerable adult is responsible for the costs of providing adult protective services, except the receipt, evaluation, and assessment of reports of suspected abuse or neglect pursuant to subdivision a of subsection 3 of section 50-25.2-01, if the department or the department’s designee determines, based on standards set by the department, that the vulnerable adult is financially capable of paying for the protective services received either through the vulnerable adult’s own income or resources or other programs for which the vulnerable adult may be eligible. The department or the department’s designee is not responsible for the cost of providing adult protective services unless the provision of the services is specifically provided by law and funding exists to provide the services.

Source:

S.L. 1989, ch. 589, § 8.

50-25.2-09. Immunity from liability.

The following persons are immune from any civil or criminal liability that otherwise might result from the person’s actions taken pursuant to this chapter:

  1. Any person, other than an alleged perpetrator, making a report or participating in an investigation, evaluation, or assessment under this chapter if the person is acting in good faith.
  2. Any person, employed by the department or the department’s designee or a law enforcement agency, conducting or supervising an investigation, evaluation, or assessment or implementing or enforcing the provisions of this chapter if the person is acting in good faith and exercising due care.

Source:

S.L. 1989, ch. 589, § 9.

50-25.2-10. Penalty for failure to report — Penalty and civil liability for false reports.

  1. Any person required to report under subsection 1 of section 50-25.2-03 who willfully fails to do so is guilty of an infraction.
  2. Any person who willfully makes a false report, or provides false information which causes the report to be made, is guilty of a class B misdemeanor unless the false report is made to a law enforcement official, in which case the person who causes the false report to be made is guilty of a class A misdemeanor.
  3. A person who willfully makes a false report, or provides false information that causes a report to be made, is liable in a civil action for all damages suffered by the person reported.

Source:

S.L. 1989, ch. 589, § 10; 2013, ch. 384, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 384, S.L. 2013 became effective August 1, 2013.

50-25.2-11. Retaliation prohibited — Presumption — Penalty.

  1. An employer who imposes any form of discipline or retaliation against an employee solely because the employee reported in good faith having knowledge of or reasonable cause to suspect that a vulnerable adult is or has been abused or neglected, or because the employee is a vulnerable adult with respect to whom a report was made, is guilty of a class B misdemeanor.
  2. The employer of a person permitted to report pursuant to section 50-25.2-12 who retaliates against the person because of a report is liable to that person in a civil action for all damages.
  3. A rebuttable presumption that retaliation has occurred arises when an adverse action is taken within ninety days of the report. An adverse action includes:
    1. The discharge from or termination of employment;
    2. The demotion, negative work performance evaluation, reduction of hours worked, reduction of benefits or work privileges, or reduction in remuneration for services of the employee; or
    3. The restriction or prohibition of access by the employee to any place of employment or persons affiliated with the place of employment.

Source:

S.L. 1989, ch. 589, § 11.

50-25.2-11.1. Civil remedy for financial exploitation — Damages — Commencement of action.

  1. A vulnerable adult who has been financially exploited has a cause of action against any perpetrator and may recover damages for that exploitation. The action may be brought in a court of competent jurisdiction by:
    1. The vulnerable adult;
    2. The vulnerable adult’s guardian or conservator;
    3. Any person acting on behalf of the vulnerable adult with the consent of the vulnerable adult; or
    4. The personal representative of the estate of a deceased victim.
  2. An action for financial exploitation of a vulnerable adult must be proven by clear and convincing evidence. If financial exploitation is proven, the court shall award to the plaintiff actual damages, reasonable attorney’s fees and costs, and reasonable fees for the services of a guardian ad litem if appointed by the court.
  3. If the financial exploitation of the vulnerable adult by the perpetrator involved oppression, fraud, deception, or actual malice, the court may award exemplary damages in accordance with section 32-03.2-11.
  4. An action for damages for financial exploitation of a vulnerable adult must be commenced within six years after the plaintiff discovers or, through exercise of reasonable diligence, should have discovered the facts constituting the financial exploitation.

History. S.L. 2017, ch. 342, § 2, effective August 1, 2017.

50-25.2-12. Confidentiality of records — Authorized disclosures.

All reports made under this chapter and all records and information obtained or generated as a result of the reports are confidential, but must be made available to:

  1. A physician who examines a vulnerable adult whom the physician reasonably suspects may have been subject to abuse or neglect if the identity of individuals reporting under section 50-25.2-03 is protected.
  2. Authorized staff of the department or the department’s designee, law enforcement agencies, and other agencies investigating, evaluating, or assessing the report or providing adult protective services.
  3. A vulnerable adult who is the subject of a report if the identity of individuals reporting under section 50-25.2-03 is protected.
  4. Public officials, and their authorized agents, who require the information in connection with the discharge of their official duties.
  5. A court when it determines that the information is necessary for determination of an issue before the court.
  6. A person engaged in a bona fide research or auditing purpose if no information identifying the subjects of a report is made available to the researcher or auditor.
  7. A guardian or legal representative of the vulnerable adult who is the subject of a report if the identity of individuals reporting under section 50-25.2-03 is protected and the guardian or legal representative is not suspected of abusing or neglecting the vulnerable adult.

Source:

S.L. 1989, ch. 589, § 12; 2019, ch. 418, § 6, effective August 1, 2019.

50-25.2-13. Information, education, and training programs.

  1. The department shall conduct a public information and education program. The elements and goals of the program must include:
    1. Informing the public regarding the laws governing the abuse or neglect of vulnerable adults, the voluntary and mandatory reporting authorized by this chapter, and the need for and availability of adult protective services.
    2. Providing caregivers with information regarding services to alleviate the emotional, psychological, physical, or financial stress associated with the caregiver and vulnerable adult relationship.
  2. The department shall institute a program of education and training for the department, the department’s designee, and law enforcement agency staff and other individuals who provide adult protective services.

Source:

S.L. 1989, ch. 589, § 13; 2019, ch. 418, § 7, effective August 1, 2019.

50-25.2-14. Implementation contingent upon appropriation.

The department and human service zones are not required to implement or enforce this chapter with respect to any zone, region, area, or county of this state if the legislative assembly does not provide an appropriation to support the implementation and enforcement of this chapter within that zone, region, area, or county.

Source:

S.L. 1989, ch. 589, § 14; 2019, ch. 391, § 126, effective January 1, 2020; 2019, ch. 418, § 8, effective August 1, 2019.

Note.

Section 50-25.2-14 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 126 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 8 of Chapter 418, Session Laws 2019, House Bill 1107.

CHAPTER 50-25.3 Vulnerable Adult Family Visitation Rights

Source:

S.L. 2019, sb2289, § 1, effective August 1, 2019.

50-25.3-01. Definitions.

As used in this chapter:

  1. “Caregiver” means a person that has assumed the legal responsibility or a contractual obligation for the care of a vulnerable adult or has voluntarily assumed responsibility for the care of a vulnerable adult. The term includes a facility operated by a public or private agency, organization, or institution which provides services to, and has assumed responsibility for the care of, a vulnerable adult.
  2. “Clergy member” means a member of the clergy or spiritual counselor who has provided a vulnerable adult with religious or spiritual care or who represents a religious organization to which a vulnerable adult is a member.
  3. “Family member” means an individual related by blood, marriage, or adoption to a vulnerable adult.
  4. “Friend” means an individual who is in a dating relationship with a vulnerable adult or any other individual with whom a vulnerable adult has an established relationship.
  5. “Substantial functional impairment” means, because of physical limitations, a substantial incapability of living independently or providing self-care as determined through observation, diagnosis, evaluation, or assessment.
  6. “Substantial mental impairment” means a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, evaluation, or assessment.
  7. “Vulnerable adult” means an adult who has a substantial mental or functional impairment or an adult who is experiencing visitation restrictions while under the care of a caregiver.

Source:

S.L. 2019, ch. 419, § 1, effective August 1, 2019.

50-25.3-02. Visitation of a vulnerable adult by family members, friends, or clergy member.

A caregiver may not unreasonably or arbitrarily deny or restrict visitation to a family member, friend, or clergy member or communication or interaction between a vulnerable adult and a family member, friend, or clergy member.

Source:

S.L. 2019, ch. 419, § 1, effective August 1, 2019.

50-25.3-03. Petition for visitation.

  1. A family member, friend, or clergy member who has had visitation unreasonably or arbitrarily denied or restricted by a caregiver may file with the district court located in the county wherein the vulnerable adult resides a petition to compel visitation.
  2. The petition must state:
    1. The petitioner’s relationship to the vulnerable adult;
    2. Whether the caregiver is unreasonably or arbitrarily denying or restricting visitation between the petitioner and the vulnerable adult; and
    3. The facts supporting the petitioner’s allegation that the caregiver is unreasonably or arbitrarily denying or restricting visitation between the petitioner and the vulnerable adult.
  3. The court shall fix a time and place for hearing the petition. At least twenty days before the date of hearing, the petitioner shall provide to the caregiver, vulnerable adult, and other interested parties notice of the filing of the petition and of the time and place of hearing.
  4. The court shall conduct an in-camera interview of the vulnerable adult to determine the wishes of the vulnerable adult. The in-camera interview may be on the record. The court shall give deference to the vulnerable adult’s preference in making decisions.
  5. The court may not issue an order compelling visitation if the court finds the vulnerable adult, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with the petitioner.
  6. If the court grants the petition for visitation, the court may impose conditions on visitation between the petitioner and the vulnerable adult after consultation with the vulnerable adult and based on the minimum visitation necessary to allow the vulnerable adult to maintain maximum self-reliance and independence. The petitioner is responsible for paying costs associated with the visitation, including transportation and supervision costs. Visitation may not occur in a manner that negatively impacts the medical or treatment needs of the vulnerable adult.
  7. The court may prohibit contact between the petitioner and the vulnerable adult when contact is not in the best interest of the vulnerable adult.
  8. The court shall impose the cost of filing the petition for visitation and reasonable attorney’s fees incurred by the petitioner on the caregiver, if the court finds during a hearing under this section that:
    1. The caregiver unreasonably or arbitrarily denied or restricted visitation to a family member, friend, or clergy member; and
    2. The caregiver denied or restricted visitation between the petitioner and the vulnerable adult in bad faith.
  9. The court may not impose costs or fees under subsection 6 on the vulnerable adult or a caregiver that in good faith denied or restricted visitation to a family member, friend, or clergy member. Costs, fees, or other sanctions imposed under subsection 6 may not be paid from the vulnerable adult’s finances or estate.

Source:

S.L. 2019, ch. 419, § 1, effective August 1, 2019.

50-25.3-04. Expedited hearing.

If a petition for visitation states the vulnerable adult’s health is in significant decline or the vulnerable adult’s death may be imminent, the court shall conduct an emergency hearing on the petition as soon as practicable and no later than fourteen days after the date the petition is filed with the court, or at a later date upon a showing of good cause.

Source:

S.L. 2019, ch. 419, § 1, effective August 1, 2019.

CHAPTER 50-26 Council on Human Resources [Repealed]

[Repealed by S.L. 1995, ch. 458, § 10]

CHAPTER 50-27 Children’s Trust Fund

50-27-01. Creation and administration of children’s trust fund. [Effective through August 31, 2022]

There is hereby created in the state treasury a special fund known as the children’s trust fund. The children and family services division of the department of human services shall administer the fund. All moneys designated for the fund from whatever source derived must be deposited with the state treasurer in the children’s trust fund. The state treasurer shall invest such funds in interest-bearing accounts as is designated by the children and family services division, and the interest earned must be deposited in the children’s trust fund. The children and family services division shall designate the administrator of child protective services as executive secretary of the children’s trust fund.

Source:

S.L. 1985, ch. 539, § 1; 1991, ch. 508, § 7; 1995, ch. 458, § 5.

50-27-01. Creation and administration of children’s trust fund. [Effective September 1, 2022]

There is hereby created in the state treasury a special fund known as the children’s trust fund. The children and family services division of the department of health and human services shall administer the fund. All moneys designated for the fund from whatever source derived must be deposited with the state treasurer in the children’s trust fund. The state treasurer shall invest such funds in interest-bearing accounts as is designated by the children and family services division, and the interest earned must be deposited in the children’s trust fund. The children and family services division shall designate the administrator of child protective services as executive secretary of the children’s trust fund.

Source:

S.L. 1985, ch. 539, § 1; 1991, ch. 508, § 7; 1995, ch. 458, § 5; 2021, ch. 352, § 472, effective September 1, 2022.

50-27-02. Expenditures from fund — Definition of child abuse prevention.

Expenditures from the children’s trust fund may only be for the purposes of administering and maintaining the fund, aiding in the prevention of child abuse and neglect as defined in chapter 50-25.1, and developing child abuse prevention programs. For purposes of this chapter, “prevention of child abuse and neglect” means those activities which seek to:

  1. Anticipate the occurrence of and act to prevent child abuse and neglect.
  2. Provide public information and education as to the means by which child abuse and neglect may be identified, prevented, remedied, or alleviated.

Source:

S.L. 1985, ch. 539, § 2.

50-27-03. Authority of the children and family services division of the department of human services. [Effective through August 31, 2022]

The children and family services division may:

  1. Create such advisory committees as may be deemed necessary to assure public involvement in the planning, development, and administration of the children’s trust fund.
  2. Hire or arrange for appropriate staff, as deemed necessary, to administer and maintain properly the children’s trust fund.
  3. Develop, implement, and periodically review a written plan to be used in administering the funds expended from and retained in the children’s trust fund. The written plan must include the types of activities to be funded, the nature of organizations preferred for funding, the criteria for eligible fund applicants, and the mechanisms for the monitoring and evaluating of funded activities.
  4. Award grants from the children’s trust fund in accordance with this chapter and any rules that have been adopted.

Source:

S.L. 1985, ch. 539, § 3; 1989, ch. 333, § 17; 1991, ch. 508, § 8; 1995, ch. 458, § 6.

50-27-03. Authority of the children and family services division of the department of health and human services. [Effective September 1, 2022]

The children and family services division may:

  1. Create such advisory committees as may be deemed necessary to assure public involvement in the planning, development, and administration of the children’s trust fund.
  2. Hire or arrange for appropriate staff, as deemed necessary, to administer and maintain properly the children’s trust fund.
  3. Develop, implement, and periodically review a written plan to be used in administering the funds expended from and retained in the children’s trust fund. The written plan must include the types of activities to be funded, the nature of organizations preferred for funding, the criteria for eligible fund applicants, and the mechanisms for the monitoring and evaluating of funded activities.
  4. Award grants from the children’s trust fund in accordance with this chapter and any rules that have been adopted.

Source:

S.L. 1985, ch. 539, § 3; 1989, ch. 333, § 17; 1991, ch. 508, § 8; 1995, ch. 458, § 6; 2021, ch. 352, § 473, effective September 1, 2022.

CHAPTER 50-28 Adoption Assistance

50-28-01. Definitions. [Effective through August 31, 2022]

As used in this chapter:

  1. “Adoption assistance” means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to an adoption assistance program established by the laws of a party state.
  2. “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.
  3. “Child with special needs” means an individual under twenty-one years of age, who was or will be adopted before reaching eighteen years of age, and who has any of the special needs described in section 50-09-02.2.
  4. “Compact” means the interstate compact on adoption and medical assistance.
  5. “Department” means the department of human services.
  6. “Medical assistance” means a program operated by a state under a state plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.].
  7. “Party state” means a state that has adopted the compact.
  8. “Residence state” means the state in which the child lives.
  9. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.

Source:

S.L. 1999, ch. 282, § 25.

50-28-01. Definitions. [Effective September 1, 2022]

As used in this chapter:

  1. “Adoption assistance” means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to an adoption assistance program established by the laws of a party state.
  2. “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.
  3. “Child with special needs” means an individual under twenty-one years of age, who was or will be adopted before reaching eighteen years of age, and who has any of the special needs described in section 50-09-02.2.
  4. “Compact” means the interstate compact on adoption and medical assistance.
  5. “Department” means the department of health and human services.
  6. “Medical assistance” means a program operated by a state under a state plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.].
  7. “Party state” means a state that has adopted the compact.
  8. “Residence state” means the state in which the child lives.
  9. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.

Source:

S.L. 1999, ch. 282, § 25; 2021, ch. 352, § 474, effective September 1, 2022.

50-28-02. Adoption assistance.

  1. This state determines the amounts of adoption assistance it will provide to a child with special needs. Adoption assistance may be subject to periodic re-evaluation of eligibility.
  2. Adoption assistance and medical assistance to which this compact applies is that provided from the effective date of an adoption assistance agreement.
  3. An adoption assistance agreement must be written, signed by the adoptive parents and on behalf of the state, and include:
    1. A commitment that adoption assistance is payable without regard for the state of residence of the adoptive parents;
    2. Provisions identifying the types of care and services toward which the adoption assistance state must make payments;
    3. A commitment to make medical assistance available to the child in accordance with this chapter;
    4. A declaration that the agreement is for the benefit of the child, the adoptive parents, and the state, and that it is enforceable by any of them; and
    5. The date or dates upon which each payment or other benefit is to commence.
  4. Any services or benefits provided for a child by this state as the residence state or the adoption assistance state may be facilitated by the department on behalf of another party state. Staff of the department shall assist staff of the child welfare agencies of other party states and the beneficiaries of adoption assistance agreements in assuring prompt and full access to all benefits included in such agreements.
  5. Adoption assistance payments made by this state on behalf of a child living in another state must be made on the same basis and in the same amounts as they would be made if the child were living in this state, except that the laws of the adoption assistance program of the state in which the child lives may provide for the payment of higher amounts.
  6. The department shall provide adoption assistance payments to adoptive parents using an automated clearing house to provide for electronic fund transfers. To receive payment, adoptive parents shall provide sufficient documentation to enable the department to provide electronic funds transfers through an automated clearing house. No other forms of adoptive assistance payments are permitted, unless approved by the department.

Source:

S.L. 1999, ch. 282, § 25; 2021, ch. 365, § 2, effective August 1, 2021.

Note.

Section 3 of chapter 365, S.L. 2021, provides, “ APPLICATION. The department of human services shall stagger the implementation of section 2 of this Act so the section applies:

  1. On January 1, 2022, to adoption assistance agreements entered between the department of human services and the adoptive parent on or after January 1, 2022; and
  2. On January 1, 2023, to adoption assistance agreements entered between the department of human services and the adoptive parent on or before December 31, 2021.”

50-28-03. Medical assistance.

  1. Except as provided in subsection 2:
    1. A child, for whom this state has agreed under the terms of an adoption assistance agreement to provide medical assistance, is eligible for medical assistance in this state during the entire period for which the agreement is in effect and shall receive the same benefits as any other child who is covered by the medical assistance program in this state;
    2. When a child, who is covered by an adoption assistance agreement under which this state is the adoption state, is living in another party state, payment for any medical services and benefits specified under the terms of the adoption assistance agreement, which are not available to the child under the medical assistance program of the residence state, must be made by this state as required by its law; and
    3. A child, for whom a party state has agreed under the terms of an adoption assistance agreement to provide medical assistance, is eligible for medical assistance in this state during the entire period this state is the child’s residence state, and shall receive the same benefits as any other child who is covered by the medical assistance program in this state.
  2. Medical assistance may be subject to periodic re-evaluation of eligibility, provided that:
    1. No re-evaluation may depend upon whether the adoptive parents are eligible for medical assistance; and
    2. Financial eligibility is based solely upon the child’s income and assets.

Source:

S.L. 1999, ch. 282, § 25.

50-28-04. Compact administration.

  1. The executive director of the department shall:
    1. Execute one or more interstate compacts on behalf of this state, not inconsistent with this chapter, to implement the purposes of this chapter; and
    2. Designate a compact administrator and a deputy compact administrator as the executive director deems necessary.
  2. The compact administrator shall:
    1. Coordinate all activities under this compact within this state;
    2. Be the principal contact for officials and agencies within and without this state for the facilitation of interstate relations involving this compact and benefits and services provided under this compact; and
    3. Assist child welfare agency staff from other party states and adoptive families receiving adoption and medical assistance on an interstate basis.
  3. Acting with compact administrators from other party states, the compact administrator:
    1. Shall develop uniform forms and administrative procedures for the interstate monitoring and delivery of adoption and medical assistance benefits and services pursuant to this compact; and
    2. May enter into supplementary agreements, not inconsistent with the compact, with some or all party states, provided that no supplementary agreement may relieve a party state of any obligation to provide adoption and medical assistance in accordance with applicable state and federal law and this compact.

Source:

S.L. 1999, ch. 282, § 25.

50-28-05. Joinder and withdrawal.

  1. This state’s joinder of the compact is effective upon execution of the compact by the executive director of the department.
  2. The compact may be joined by any state.
  3. This state may withdraw from the compact only by written notice sent to the appropriate officials of all other party states, but no such notice may take effect until one year after it is given.
  4. All adoption assistance agreements outstanding and to which this state is a signatory at the time when its withdrawal from the compact takes effect must continue until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by the compact, and this state shall continue to administer the compact to the extent necessary to fully implement those rights and obligations.

Source:

S.L. 1999, ch. 282, § 25.

CHAPTER 50-29 Children’s Health Insurance Program

50-29-01. Definitions. [Effective through August 31, 2022]

As used in this chapter:

  1. “Children eligible for medical assistance” means the population eligible for Medicaid before the expansion of medical assistance as authorized by the federal Patient Protection and Affordable Care Act [Pub. L. 111-148], as amended by the Health Care and Education Reconciliation Act of 2010 [Pub. L. 111-152].
  2. “Children’s health insurance program” means a program to provide health assistance to low-income children funded through title XXI of the federal Social Security Act [42 U.S.C. 1397aa et seq.].
  3. “Department” means the department of human services.
  4. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  5. “Plan” means the children’s health insurance program state plan.
  6. “Poverty line” means the official income poverty line as defined by the United States office of management and budget and revised annually in accordance with section 9902(2) of title 42 of the United States Code, applicable to a family of the size involved.

Source:

S.L. 1999, ch. 34, § 12; 2019, ch. 391, § 127, effective January 1, 2020; 2019, ch. 420, § 1, effective January 1, 2020.

Note.

Section 50-29-01 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 127 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 1 of Chapter 420, Session Laws 2019, Senate Bill 2106.

50-29-01. Definitions. [Effective September 1, 2022]

As used in this chapter:

  1. “Children eligible for medical assistance” means the population eligible for Medicaid before the expansion of medical assistance as authorized by the federal Patient Protection and Affordable Care Act [Pub. L. 111-148], as amended by the Health Care and Education Reconciliation Act of 2010 [Pub. L. 111-152].
  2. “Children’s health insurance program” means a program to provide health assistance to low-income children funded through title XXI of the federal Social Security Act [42 U.S.C. 1397aa et seq.].
  3. “Department” means the department of health and human services.
  4. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  5. “Plan” means the children’s health insurance program state plan.
  6. “Poverty line” means the official income poverty line as defined by the United States office of management and budget and revised annually in accordance with section 9902(2) of title 42 of the United States Code, applicable to a family of the size involved.

Source:

S.L. 1999, ch. 34, § 12; 2019, ch. 391, § 127, effective January 1, 2020; 2019, ch. 420, § 1, effective January 1, 2020; 2021, ch. 352, § 475, effective September 1, 2022.

50-29-02. Duties of the department.

  1. The department shall:
    1. Prepare, submit, and implement the plan that includes determinations of eligibility, based on modified adjusted gross income methodologies as required in section 1396a(e)(14) of the United States Code;
    2. Supervise the administration of the children’s health insurance program;
    3. Adopt rules and regulations as necessary to qualify for any federal funds available under this chapter;
    4. Report to the legislative management, as requested, regarding enrollment statistics, program costs, and any operational updates; and
    5. Administer funds appropriated or made available to the department for the purpose of carrying out the provisions of this chapter.
  2. Within the limits of legislative appropriation, the department may submit state plans and may seek appropriate waivers of the requirements of the federal statutes or regulations as authorized by federal law.

Source:

S.L. 1999, ch. 34, § 12; 2001, ch. 435, § 1; 2007, ch. 432, § 1; 2013, ch. 385, § 1; 2019, ch. 391, § 128, effective January 1, 2020; 2019, ch. 420, § 2, effective January 1, 2020.

Effective Date.

The 2007 amendment of this section by section 1 of chapter 432, S.L. 2007 became effective August 1, 2007.

Note.

Section 50-29-02 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 128 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 2 of Chapter 420, Session Laws 2019, Senate Bill 2106.

50-29-03. Duties of human service zone.

In the administration of the plan, a human service zone shall investigate and record the circumstances of each applicant or recipient of assistance, in order to ascertain the facts supporting the application, or the granting of assistance, and obtain such other information as may be required by the rules and regulations of the department.

Source:

S.L. 1999, ch. 34, § 12; 2019, ch. 41, § 3, effective January 1, 2020; 2019, ch. 391, § 129, effective January 1, 2020.

Note.

Section 50-29-03 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 129 of Chapter 391, Session Laws 2019, Senate Bill 2124; and Section 3 of Chapter 420, Session Laws 2019, Senate Bill 2106.

50-29-04. Plan requirements.

The plan:

  1. Must be consistent with coverage provided to children eligible for medical assistance in the state; and
  2. Must provide:
    1. A modified adjusted gross income eligibility limit of one hundred seventy-five percent of the poverty line; and
    2. Current eligibility may be established from the first day of the month in which the application was received. Retroactive eligibility may be established for the three calendar months that immediately preceded the month in which the application was received even if there is no eligibility in the month of application. Eligibility can be established if all factors of eligibility are met during each month.

Source:

S.L. 1999, ch. 34, § 12; 2007, ch. 422, § 2; 2009, ch. 12, § 23; 2013, ch. 385, § 2; 2019, ch. 420, § 4, effective January 1, 2020.

Effective Date.

The 2009 amendment of this section by section 23 of chapter 12, S.L. 2009 became effective July 1, 2009.

By letter dated October 27, 2008, the department of human services made the required certification noted below. Therefore, the 2007 amendment by section 2 of chapter 422, S.L. 2007 became effective October 27, 2008.

The 2007 amendment of this section by section 2 of chapter 422, S.L. 2007 becomes effective on the date the department of human services certifies to the legislative council that the federal reauthorization of the state children’s health insurance program resulted in an allotment to the state in an amount that is sufficient to fund the increase identified in section 2 of chapter 422 [Contingency met in 2018].

50-29-05. Limitations of chapter.

Health assistance provided under this chapter is not an entitlement. A person does not have a property interest in any health assistance sought or provided under this chapter. If the department estimates that available funds are insufficient to allow participation by additional applicants, the department may take any action appropriate to avoid commitment of funds in excess of available funds, including denying applications and establishing waiting lists, that is not forbidden by title XXI of the federal Social Security Act [42 U.S.C. 1397 aa et seq.] or regulations adopted thereunder. Notwithstanding any other provisions of this chapter, the department may not expend funds for purposes of this chapter which exceed the federal funds available and the corresponding nonfederal share, and if federal children’s health insurance program funding decreases, or if federal funding expires, the department may decrease the income eligibility limit to operate within the federal funding available or may terminate the program if federal funding expires.

Source:

S.L. 1999, ch. 34, § 12; 2019, ch. 420, § 5, effective January 1, 2020.

50-29-06. Grants — Gifts — Donations — Continuing appropriation. [Repealed]

Source:

S.L. 2001, ch. 425, § 2; repealed by 2019, ch. 420, § 6, effective January 1, 2020.

CHAPTER 50-30 Nursing Facility Alternative Funding

50-30-01. Definitions. [Effective through August 31, 2022]

For purposes of this chapter:

  1. “Basic care facility” has the meaning provided in section 23-09.3-01.
  2. “Department” means the department of human services.
  3. “Medical assistance” means a program established under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] and chapter 50-24.1.
  4. “Nursing facility” has the same meaning as provided in section 50-24.4-01 for the term “nursing home”.

Source:

S.L. 1999, ch. 429, § 3; 2001, ch. 431, § 12.

50-30-01. Definitions. [Effective September 1, 2022]

For purposes of this chapter:

  1. “Basic care facility” has the meaning provided in section 23-09.3-01.
  2. “Department” means the department of health and human services.
  3. “Medical assistance” means a program established under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] and chapter 50-24.1.
  4. “Nursing facility” has the same meaning as provided in section 50-24.4-01 for the term “nursing home”.

Source:

S.L. 1999, ch. 429, § 3; 2001, ch. 431, § 12; 2021, ch. 352, § 476, effective September 1, 2022.

50-30-02. North Dakota health care trust fund created — Uses — Continuing appropriation.

  1. There is created in the state treasury a special fund known as the North Dakota health care trust fund. The fund consists of revenue received from government nursing facilities for remittance to the fund under former section 50-24.4-30. The department shall administer the fund. The state investment board shall invest moneys in the fund in accordance with chapter 21-10, and the income earned must be deposited in the North Dakota health care trust fund. All moneys deposited in the North Dakota health care trust fund are available to the department for:
    1. Transfer to the long-term care facility loan fund, as authorized by legislative appropriation, for making loans pursuant to the requirements of this chapter.
    2. Payment, as authorized by legislative appropriation, of costs of other programs authorized by the legislative assembly.
    3. Repayment of federal funds, which are appropriated and may be spent if the United States department of health and human services determines that funds were inappropriately claimed under former section 50-24.4-30.
    4. Operation and maintenance of the nurse aide registry.
  2. The department shall continue to access the intergovernmental transfer program if permitted by the federal government and if use of the program is found to be beneficial.
  3. Moneys in the fund may not be included in draft appropriation acts under section 54-44.1-06, except for the operation and maintenance of the nurse aide registry as provided for in this section.

Source:

S.L. 1999, ch. 429, § 3; 2001, ch. 431, § 13; 2005, ch. 436, § 1; 2009, ch. 12, § 24; 2011, ch. 195, § 6.

Effective Date.

The 2011 amendment of this section by section 6 of chapter 195, S.L. 2011 became effective July 1, 2011.

The 2009 amendment of this section by section 24 of chapter 12, S.L. 2009 became effective July 1, 2009.

50-30-03. Nursing facility alternative grant fund. [Expired]

Expired under S.L. 1999, ch. 429, § 9.

50-30-04. Long-term care facility loans.

  1. The department may approve loans from the long-term care facility loan fund established under chapter 6-09.16 for renovation projects involving a nursing facility, basic care facility, or assisted living facility.
  2. An approved loan for any project may not exceed one million dollars or ninety percent of the project cost, whichever is less.
  3. The department shall give preference for loan approval to an applicant that is converting nursing facility bed capacity to basic care bed capacity.
  4. No loan may be approved unless the applicant agrees to repay to the long-term care facility loan fund the outstanding balance of the loan and any accrued interest if the applicant or its successor in interest ceases to operate the project or facility financed by the loan proceeds during the ten-year period after the date the applicant began operation of the project or facility or fails to commence operations within a reasonable time.
  5. In addition to other remedies provided by law or contract, the department may deduct the amount of any refund due from a recipient of a loan from any money owed by the department to such recipient or the recipient’s successor in interest.

Source:

S.L. 1999, ch. 429, § 3; 2001, ch. 431, § 14.

50-30-05. Department to adopt rules. [Expired]

Expired under S.L. 1999, ch. 429, § 9.

50-30-06. Chapter does not create entitlement. [Expired]

Expired under S.L. 1999, ch. 429, § 9.

50-30-07. Annual cost reports. [Expired]

Expired under S.L. 1999, ch. 429, § 9.

50-30-08. Annual reports by the department. [Expired]

Expired under S.L. 1999, ch. 429, § 9.

CHAPTER 50-31 Substance Abuse Treatment Programs

50-31-01. Definitions. [Effective through August 31, 2022]

  1. “Department” means the department of human services.
  2. “Medication unit” means a facility established as part of, but geographically separate from, an opioid treatment program, from which a licensed practitioner dispenses or administers an opioid treatment medication or collects samples for drug testing or analysis.
  3. “Opioid treatment program” means a program through which medication is dispensed in the treatment of opioid addiction.

Source:

S.L. 2003, ch. 432, § 3; 2013, ch. 386, § 1; 2019, ch. 421, § 1, effective July 1, 2019.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 386, S.L. 2013 became effective August 1, 2013.

50-31-01. Definitions. [Effective September 1, 2022]

  1. “Department” means the department of health and human services.
  2. “Medication unit” means a facility established as part of, but geographically separate from, an opioid treatment program, from which a licensed practitioner dispenses or administers an opioid treatment medication or collects samples for drug testing or analysis.
  3. “Opioid treatment program” means a program through which medication is dispensed in the treatment of opioid addiction.

Source:

S.L. 2003, ch. 432, § 3; 2013, ch. 386, § 1; 2019, ch. 421, § 1, effective July 1, 2019; 2021, ch. 352, § 477, effective September 1, 2022.

50-31-02. License required.

A person, partnership, association, corporation, or limited liability company without a license may not establish, conduct, or maintain in this state a substance abuse treatment program for the care of persons addicted to alcohol or other drugs. The department, in accordance with the laws of this state governing injunctions and other process, may maintain an action in the name of the state against a person, partnership, association, corporation, or limited liability company for establishing, conducting, managing, or operating a substance abuse treatment program without a license.

Source:

S.L. 2003, ch. 432, § 3.

50-31-03. Application — Contents.

A person, partnership, association, corporation, or limited liability company desiring a license shall file with the department a verified application containing the name of the applicant, the type of institution to be operated, the location, the name of the individual or individuals in charge, and such other information as the department may require.

Source:

S.L. 2003, ch. 432, § 3.

50-31-03.1. Fees — Rules.

An applicant for licensure under this chapter shall submit a one hundred fifty dollar nonrefundable fee with the application. The department shall adopt rules as necessary to implement this section. All fees collected under this section must be paid to the department and must be used to defray the cost of administering and enforcing this chapter.

Source:

S.L. 2019, ch. 421, § 4, effective July 1, 2019.

50-31-04. Inspection and evaluation of licensed premises.

Every licensed substance abuse treatment program shall obtain and provide to the department a local or state authority certification as to the safety of the premises. The department shall evaluate every licensed substance abuse treatment program according to the rules adopted by the department.

Source:

S.L. 2003, ch. 432, § 3.

50-31-05. Issuance, suspension, and revocation of license.

  1. The department may issue licenses to operate substance abuse treatment programs, for a period of three years, which are found to comply with the provisions of this chapter and rules adopted by the department.
  2. The department may suspend or revoke a license if a program violates any of the rules adopted by the department.
  3. Before a license may be suspended or revoked, written notice must be given to the licenseholder. The licenseholder must be furnished with a copy of the notice by registered mail. If a license is revoked, a new application for a license may be considered by the department when the conditions upon which the revocation were based have been corrected and evidence of this fact has been satisfactorily furnished. A new license may then be granted after proper inspection has been made and the applicant has complied with all rules adopted by the department. Within thirty days after service of the written charges, the applicant or licensee may submit to the department a written request for an administrative hearing as provided in chapter 28-32.

Source:

S.L. 2003, ch. 432, § 3; 2019, ch. 421, § 2, effective July 1, 2019.

50-31-06. Information confidential.

Client records and client information that are protected under title 42, Code of Federal Regulations, part 2, the Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104-191; 110 Stat. 1936; 29 U.S.C. 1181 et seq.], or are specifically excluded from disclosure by other state or federal law, and which are received by the department under this chapter are confidential. As used in this section, client records and client information does not include statistical program information or information regarding an applicant’s or provider’s programs.

Source:

S.L. 2003, ch. 432, § 3; 2015, ch. 349, § 1, effective March 25, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 349, S.L. 2015 became effective March 25, 2015, pursuant to an emergency clause in section 2 of chapter 349, S.L. 2015.

50-31-07. State opioid treatment authority.

The behavioral health division of the department is designated as the state opioid treatment authority.

Source:

S.L. 2013, ch. 386, § 2; 2017, ch. 332, § 6, effective August 1, 2017.

Effective Date.

This section became effective August 1, 2013.

50-31-08. Opioid treatment programs — Licensure required — Rules.

  1. To operate in this state, an opioid treatment program must be granted a license from the department, certification from the United States department of health and human services substance abuse and mental health services administration, and registration from the United States department of justice drug enforcement administration.
  2. The department may license a substance abuse treatment program to operate an opioid treatment program in the state. A separate license is required for each location at which an opioid treatment program is operated under this section.
  3. The department shall adopt rules relating to licensing and monitoring opioid treatment programs, including rules for:
    1. Standards for approval and maintenance of license;
    2. Assessment of need for an opioid treatment program in the proposed location;
    3. Patient eligibility for admission to an opioid treatment program;
    4. Treatment standards, including counseling and drug testing requirements; and
    5. Measures to prevent the diversion to illegal use of any drug used by a program to treat an opioid addiction.
  4. Each state-licensed opioid treatment program shall submit by electronic means information regarding each prescription dispensed for a controlled substance to the state’s prescription drug monitoring program, unless specifically exempted by federal law.

Source:

S.L. 2013, ch. 386, § 2.

Effective Date.

This section became effective August 1, 2013.

50-31-09. Opioid treatment medication unit — Licensure required — Rules.

  1. A medication unit may not operate in this state, unless the unit operates under the license of an opioid treatment program and holds:
    1. A separate registration from the United States department of justice drug enforcement administration; and
    2. A medication unit license under the department.
  2. The department may license a medication unit. A separate license is required for each location at which a medication unit is operated under this section.
  3. The department shall adopt rules relating to licensing and monitoring a medication unit, including rules for:
    1. Standards for approval and maintenance of licensure;
    2. Assessment of need for a medication unit in the proposed location, including community engagement; and
    3. Standards of patient care.

Source:

S.L. 2019, ch. 421, § 3, effective July 1, 2019.

CHAPTER 50-32 Assisted Living Facilities

50-32-01. Definitions. [Effective through August 31, 2022]

In this chapter, unless the context otherwise requires:

  1. “Assisted living facility” means a building or structure containing a series of at least five living units operated as one entity to provide services for five or more individuals who are not related by blood, marriage, or guardianship to the owner or manager of the entity and which is kept, used, maintained, advertised, or held out to the public as a place that provides or coordinates individualized support services to accommodate the individual’s needs and abilities to maintain as much independence as possible. An assisted living facility does not include a facility that is a congregate housing facility, licensed as a basic care facility, or licensed under chapter 23-16, chapter 23-17.7, chapter 25–16, or section 50-11-01.4.
  2. “Department” means the department of human services.
  3. “Entity” means an individual, institution, organization, limited liability company, or corporation, whether or not organized for profit.
  4. “Individualized support services” means services provided to individuals who may require assistance with the activities of daily living of bathing, dressing, toileting, transferring, eating, medication management, and personal hygiene.
  5. “Living unit” means a portion of an assisted living facility that contains a sleeping area, an entry door that can be locked, and a private bath with a toilet, bathtub or shower, and sink and which is occupied as the living quarters of an individual who has entered into a lease agreement with the assisted living facility.
  6. “Related by blood or marriage to the owner or manager” means an individual who is a spouse or former spouse of the owner or manager or is a parent, stepparent, grandparent, stepgrandparent, child, stepchild, grandchild, stepgrandchild, brother, sister, half-brother, half-sister, stepbrother, or stepsister of the owner or manager or the owner’s or manager’s spouse or former spouse.

Source:

S.L. 2003, ch. 429, § 4; 2005, ch. 437, § 2; 2021, ch. 199, § 3, effective July 1, 2021; 2021, ch. 352, § 478, effective September 1, 2022.

Note.

Section 50-32-01 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 3 of Chapter 199, Session Laws 2021, Senate Bill 2226; and Section 478 of Chapter 352, Session Laws 2021, House Bill 1247.

50-32-01. Definitions. [Effective September 1, 2022]

In this chapter, unless the context otherwise requires:

  1. “Assisted living facility” means a building or structure containing a series of at least five living units operated as one entity to provide services for five or more individuals who are not related by blood, marriage, or guardianship to the owner or manager of the entity and which is kept, used, maintained, advertised, or held out to the public as a place that provides or coordinates individualized support services to accommodate the individual’s needs and abilities to maintain as much independence as possible. An assisted living facility does not include a facility that is a congregate housing facility, licensed as a basic care facility, or licensed under chapter 23-16, chapter, chapter 23-17.7, chapter 25–16, or section 50-11-01.4.
  2. “Department” means the department of health and human services.
  3. “Entity” means an individual, institution, organization, limited liability company, or corporation, whether or not organized for profit.
  4. “Individualized support services” means services provided to individuals who may require assistance with the activities of daily living of bathing, dressing, toileting, transferring, eating, medication management, and personal hygiene.
  5. “Living unit” means a portion of an assisted living facility that contains a sleeping area, an entry door that can be locked, and a private bath with a toilet, bathtub or shower, and sink and which is occupied as the living quarters of an individual who has entered into a lease agreement with the assisted living facility.
  6. “Related by blood or marriage to the owner or manager” means an individual who is a spouse or former spouse of the owner or manager or is a parent, stepparent, grandparent, stepgrandparent, child, stepchild, grandchild, stepgrandchild, brother, sister, half-brother, half-sister, stepbrother, or stepsister of the owner or manager or the owner’s or manager’s spouse or former spouse.

Source:

S.L. 2003, ch. 429, § 4; 2005, ch. 437, § 2; 2021, ch. 199, § 3, effective July 1, 2021; 2021, ch. 352, § 478, effective September 1, 2022.

50-32-02. Licensing of assisted living facilities — Penalty.

  1. An entity may not keep, operate, conduct, manage, or maintain an assisted living facility or use the term “assisted living” in its advertising unless it is licensed by the department.
  2. An assisted living facility shall pay to the department an annual license fee of seventy-five dollars for each facility. License fees collected under this section must be deposited in the department’s operating fund in the state treasury. An expenditure from the fund is subject to appropriation by the legislative assembly.
  3. An assisted living facility shall apply annually to the department for a license. After the fifty-ninth day following the notification of noncompliance with annual licensing, the department may assess a fine of up to fifty dollars per day against an entity that provides assisted living services or uses the term assisted living in its marketing without a license approved by the department. Fines collected under this section must be deposited in the department’s operating fund in the state treasury. An expenditure from the fund is subject to appropriation by the legislative assembly.
  4. If there are one or more deficiencies or a pattern of deficiencies related to quality of care or compliance with licensing requirements, the department may issue a provisional license. A provisional license may not be valid for more than ninety days. A provisional license may be renewed once for no longer than an additional ninety days. If the deficiencies have not been corrected upon the expiration of a provisional license, the department may deny the assisted living facility’s application or revoke its license.
  5. Religious orders providing individualized support services to vowed members residing in the order’s retirement housing are not subject to this chapter.
  6. No more than two people may occupy one bedroom of each living unit of an assisted living facility.

Source:

S.L. 2003, ch. 429, § 4; 2005, ch. 437, § 3; 2015, ch. 348, § 2, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 348, S.L. 2015 became effective August 1, 2015.

50-32-02.1. Continuation of existing licenses. [Effective through August 31, 2022]

  1. An assisted living facility that possessed a valid license issued by the department of human services before August 1, 2005, may not be subsequently denied a license by the department of human services merely due to failure to meet the requirements of sections 23-09-01, 50-32-01, and 50-32-02 provided that the assisted living facility meets all other licensing requirements.
  2. If there is a change in ownership of an assisted living facility that possessed a valid license issued before August 1, 2005, the department of human services shall allow a continuance of the exception to the licensure requirements under subsection 1 for the new owner. The continuance provided under this subsection applies to the first change in ownership after July 31, 2005, and does not apply to any subsequent change in ownership.

Source:

S.L. 2005, ch. 437, § 4; 2007, ch. 433, § 1.

Effective Date.

The 2007 amendment of this section by section 1 of chapter 433, S.L. 2007 became effective March 2, 2007, pursuant to an emergency clause in section 2 of chapter 433, S.L. 2007.

50-32-02.1. Continuation of existing licenses. [Effective September 1, 2022]

  1. An assisted living facility that possessed a valid license issued by the department before August 1, 2005, may not be subsequently denied a license by the department merely due to failure to meet the requirements of sections 23-09-01, 50-32-01, and 50-32-02 provided that the assisted living facility meets all other licensing requirements.
  2. If there is a change in ownership of an assisted living facility that possessed a valid license issued before August 1, 2005, the department shall allow a continuance of the exception to the licensure requirements under subsection 1 for the new owner. The continuance provided under this subsection applies to the first change in ownership after July 31, 2005, and does not apply to any subsequent change in ownership.

Source:

S.L. 2005, ch. 437, § 4; 2007, ch. 433, § 1; 2021, ch. 352, § 479, effective September 1, 2022.

50-32-03. Powers and duties of the department.

The department shall:

  1. Take action and give directions necessary to implement this chapter.
  2. Establish a method to receive complaints related to assisted living facilities and to forward the complaints to the appropriate agency for investigation.
  3. Establish rules governing the licensing of assisted living facilities to regulate the application for, approval, denial, revocation, and requirements of a license.

Source:

S.L. 2003, ch. 429, § 4.

50-32-04. Assisted living facility health services — Limitations on hospice services.

  1. An entity may provide health services to individuals residing in an assisted living facility owned or operated by that entity. For purposes of this subsection, health services means services provided to an individual for the purpose of preventing disease and promoting, maintaining, or restoring health or minimizing the effects of illness or disability.
  2. A tenant of an assisted living facility who is in need of hospice services and who exceeds tenancy criteria, as determined by the facility, may remain in the facility only if the tenant contracts with a third party, such as a hospice agency, or utilizes family support, or both, to meet those needs.

Source:

S.L. 2003, ch. 429, § 4; 2015, ch. 348, § 3, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 348, S.L. 2015 became effective August 1, 2015.

50-32-05. Assisted living facilities — Duties — Educational requirements.

  1. Each assisted living facility must have clear, concise, and understandable tenancy criteria that is fully disclosed to all tenants, in writing, before the tenancy agreement is signed. Before a facility unit is rented, the facility or landlord shall evaluate the tenant’s ability to meet the facility’s tenancy criteria.
  2. Each assisted living facility shall require the administrator of the facility to complete twelve hours of continuing education per year. The assisted living facility shall require all direct care staff to receive annual education or training in the areas of:
    1. Resident rights;
    2. Fire and accident prevention and training;
    3. Mental and physical health needs of tenants;
    4. Behavior problems and prevention; and
    5. Control of infection, including universal precautions.
  3. Each assisted living facility shall maintain a record for each tenant. The tenant record must include:
    1. An initial evaluation to meet tenancy criteria;
    2. The tenancy agreement signed by the tenant or the tenant’s legal representative;
    3. If applicable, a medication administration record that documents medication administration consistent with applicable state laws, rules, and practices; and
    4. An itemized list of services provided for the tenant.
  4. Before hiring, the assisted living facility shall conduct a reference and previous employment check and a check of applicable registries of each applicant being considered for employment at the facility.
  5. At least once every twenty-four months, each assisted living facility shall conduct a consumer satisfaction survey. The assisted living facility shall provide each tenant with a copy of the results of the survey.

Source:

S.L. 2009, ch. 435, § 1.

CHAPTER 50-33 Child Care Assistance

50-33-01. Definitions. [Effective through August 31, 2022]

For the purposes of this chapter:

  1. “Allowable activities” means paid work, job search, attending job training or an education program, any activity in the job opportunity and basic skills program, transportation time related to the activities, temporary illness or incapacity of a current recipient, and temporary illness of the child.
  2. “Approved relative” means an individual provider related to a child in that provider’s care by marriage, blood, or court decree as a grandparent, step-grandparent, great grandparent, step-great grandparent, aunt, step-aunt, uncle, step-uncle, sibling, or step-sibling, who has been approved to care for specific children in the provider’s own home, but does not mean a sibling provider who resides in the home of a child in that provider’s care.
  3. “Caretaker” means a child’s biological or adoptive parent, the spouse of the child’s biological or adoptive parent, or an individual acting in the stead of a child’s parent at the request of the parent or another with authority to make the request, but does not mean a provider.
  4. “Child care assistance unit” means all members of the caretaker’s immediate household, including a child through the month of that child’s nineteenth birthday, and any parent or stepparent of a child, including an acknowledged or adjudicated father of one or more children in the household, but does not mean any other person who is not acting in the stead of a parent, a child who is nineteen years of age or older, a child for whom the household receives foster care payments, or a minor parent of a child in the household unless the minor parent also requires child care or is incapable of caring for the child.
  5. “Child care center” has the meaning provided in chapter 50-11.1.
  6. “Department” means the department of human services.
  7. “Family child care” has the meaning provided in chapter 50-11.1.
  8. “Group child care” has the meaning provided in chapter 50-11.1.
  9. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  10. “Provider” means an individual who is eighteen years of age or older, licensed as a provider in a family child care, group child care, or child care center, with a self-declaration as a provider of early childhood services who requires no license, registered as a child care provider by a tribal entity, or an approved relative, who meets criteria established by the jurisdiction with authority to regulate child care services.
  11. “Recipient” means an individual who is receiving child care assistance.
  12. “Tribal entity” means an organization authorized by the government of an Indian tribe within North Dakota to license, register, or otherwise recognize a child care provider operating within the jurisdiction of that Indian tribe.
  13. “Work”:
    1. Means any paid employment and any self-employment providing commensurate income; and
    2. Does not mean any unpaid activity except:
      1. With respect to a caretaker who is involved in job opportunity and basic skills or tribal native employment works required by temporary assistance for needy families, any approved activity for the program; and
      2. When a state has been determined to have a major disaster, activity by an individual who is residing in the disaster area and involved in unpaid work activities, including the cleaning, repair, restoration, and rebuilding of homes, businesses, and schools.

Source:

S.L. 2009, ch. 436, § 1; 2021, ch. 353, § 16, effective August 1, 2021; 2021, ch. 352, § 480, effective September 1, 2022.

Effective Date.

This chapter became effective August 1, 2009.

Note.

Section 50-33-01 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 16 of Chapter 353, Session Laws 2021, Senate Bill 2086; and Section 480 of Chapter 352, Session Laws 2021, House Bill 1247.

50-33-01. Definitions. [Effective September 1, 2022]

For the purposes of this chapter:

  1. “Allowable activities” means paid work, job search, attending job training or an education program, any activity in the job opportunity and basic skills program, transportation time related to the activities, temporary illness or incapacity of a current recipient, and temporary illness of the child.
  2. “Approved relative” means an individual provider related to a child in that provider’s care by marriage, blood, or court decree as a grandparent, step-grandparent, great grandparent, step-great grandparent, aunt, step-aunt, uncle, step-uncle, sibling, or step-sibling, who has been approved to care for specific children in the provider’s own home, but does not mean a sibling provider who resides in the home of a child in that provider’s care.
  3. “Caretaker” means a child’s biological or adoptive parent, the spouse of the child’s biological or adoptive parent, or an individual acting in the stead of a child’s parent at the request of the parent or another with authority to make the request, but does not mean a provider.
  4. “Child care assistance unit” means all members of the caretaker’s immediate household, including a child through the month of that child’s nineteenth birthday, and any parent or stepparent of a child, including an acknowledged or adjudicated father of one or more children in the household, but does not mean any other person who is not acting in the stead of a parent, a child who is nineteen years of age or older, a child for whom the household receives foster care payments, or a minor parent of a child in the household unless the minor parent also requires child care or is incapable of caring for the child.
  5. “Child care center” has the meaning provided in chapter 50-11.1.
  6. “Department” means the department of health and human services.
  7. “Family child care” has the meaning provided in chapter 50-11.1.
  8. “Group child care” has the meaning provided in chapter 50-11.1.
  9. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  10. “Provider” means an individual who is eighteen years of age or older, licensed as a provider in a family child care, group child care, or child care center, with a self-declaration as a provider of early childhood services who requires no license, registered as a child care provider by a tribal entity, or an approved relative, who meets criteria established by the jurisdiction with authority to regulate child care services.
  11. “Recipient” means an individual who is receiving child care assistance.
  12. “Tribal entity” means an organization authorized by the government of an Indian tribe within North Dakota to license, register, or otherwise recognize a child care provider operating within the jurisdiction of that Indian tribe.
  13. “Work”:
    1. Means any paid employment and any self-employment providing commensurate income; and
    2. Does not mean any unpaid activity except:
      1. With respect to a caretaker who is involved in job opportunity and basic skills or tribal native employment works required by temporary assistance for needy families, any approved activity for the program; and
      2. When a state has been determined to have a major disaster, activity by an individual who is residing in the disaster area and involved in unpaid work activities, including the cleaning, repair, restoration, and rebuilding of homes, businesses, and schools.

Source:

S.L. 2009, ch. 436, § 1; 2021, ch. 353, § 16, effective August 1, 2021; 2021, ch. 352, § 480, effective September 1, 2022.

50-33-02. Child care assistance — Application for benefits — Applicant’s duty to establish eligibility — Decisions — Rules.

  1. An individual desiring child care assistance or an individual seeking assistance on behalf of another individual may apply for child care assistance. An applicant shall submit a request for child care assistance in writing to a human service zone on a form prescribed by the department. The applicant shall complete, sign, and date the application. Eligibility begins on the first day of the month in which a signed and dated application is received by the human service zone. Eligibility may begin on the first day of the month prior to the month in which a signed and dated application is received by the human service zone, if the applicant requests child care assistance for that month and demonstrates eligibility in that month.
  2. The applicant shall provide information sufficient to establish the eligibility of each individual for whom assistance is requested, including the age, verification of relative relationship, citizenship or resident alien status of the children, verification of participation in an allowable activity, and financial eligibility.
  3. An eligibility decision must be made within thirty days on child care assistance applications whenever possible. The human service zone shall notify the applicant following a determination of eligibility or ineligibility.
  4. The department shall establish rules for the administration of the child care assistance program, including rules on income requirements, appeals of eligibility determinations for child care assistance, closure of a child care assistance case, and a sliding scale fee schedule for child care assistance benefits and to establish and enforce standards against program fraud and abuse.

Source:

S.L. 2009, ch. 436, § 1; 2013, ch. 387, § 1; 2021, ch. 353, § 17, effective August 1, 2021.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 387, S.L. 2013 became effective August 1, 2013.

50-33-03. Available benefits.

  1. The department shall pay child care costs required as a result of participation in allowable activities by the eligible caretaker in a temporary assistance for needy families household or diversion assistance household. The department shall pay a portion of child care costs required as a result of participation in allowable activities by the caretaker based on family size and countable income by applying a sliding fee schedule established under rules to be adopted by the department.
  2. Subject to the availability of funding, the department may expand child care assistance to include an eligible caretaker who is attending a postsecondary education program in pursuit of a one-year, two-year, or four-year degree or certificate. If a child care assistance unit includes two parents, child care assistance may be paid with respect to any child only during times that both parents are engaged in an allowable activity.

Source:

S.L. 2009, ch. 436, § 1.

50-33-04. Caretaker temporarily out of the home.

A caretaker, temporarily living apart from the remaining members of the child care assistance unit due to employment, education, training, medical care, incarceration, or uniformed service, is not considered absent from the home as long as the caretaker continues to function as caretaker, even if the level of support or care is reduced. The caretaker is counted as a child care assistance unit member and all gross countable income of that caretaker is included as child care assistance unit income used to determine the child care assistance payment.

Source:

S.L. 2009, ch. 436, § 1.

50-33-05. State of residence.

Only child care assistance units physically residing within the boundaries of the state are eligible for child care assistance.

Source:

S.L. 2009, ch. 436, § 1.

50-33-06. Approved relative provider.

  1. The department may approve a relative provider to provide care for specific children within a specified county. The department shall provide an approved relative provider with a provider identification number. An approved relative provider may provide care for no more than five children under the age of twelve or three children under the age of two, including the provider’s children.
  2. Before approving an individual as an approved relative provider, the department shall seek a criminal history record investigation as provided under section 50-11.1-06.2 and pursuant to section 12-60-24. The department shall consider any criminal history record information available at the time approval decision is made. A background check must be completed for each adult living in the household of the prospective provider.
  3. No payment may be made to a relative provider who is not an approved relative provider.

Source:

S.L. 2009, ch. 436, § 1.

50-33-07. Sliding fee schedule.

  1. The sliding fee schedule established by the department for inclusion within the child care and development fund state plan to determine eligibility, benefit levels, and the portion of the allowable child care cost that may be paid as a benefit under this chapter, must not:
    1. Exceed available federal and non-federal funding; and
    2. Provide benefits to a family whose income exceeds eighty-five percent of the state median income for a family of the same size.
  2. Child care costs that exceed maximums established under this section are the responsibility of the family and may not be considered in determining the child care assistance program payment amount.

Source:

S.L. 2009, ch. 436, § 1.

50-33-08. Limitations on in-home child care benefits.

No benefits under this chapter may be provided for in-home child care unless:

  1. A health professional provides written documentation demonstrating to the department’s satisfaction that the child’s health would be at risk if taken to an outside provider; or
  2. A developmental disabilities case manager or a special education case manager provides written documentation demonstrating to the department’s satisfaction that the child’s disability is such that taking the child to an outside provider creates an undue hardship.

Source:

S.L. 2009, ch. 436, § 1.

CHAPTER 50-35 State-Funded Human Services

50-35-01. Definitions. [Effective through August 31, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Department” means the department of human services.
  2. “Director” means the executive director of the department or the executive director’s designee.
  3. “Direct costs” means costs that are charged directly to the human service zone human services fund. Direct costs are costs related directly to human service zone team members or human service zone services, including compensation, fringe benefits, and operating costs that are not identified by the department as an indirect cost.
  4. “Economic assistance” means those primary economic assistance programs that need to be accessible to all citizens of the state through a human service zone, including:
    1. Temporary assistance for needy families;
    2. Employment and training programs;
    3. Child care assistance programs;
    4. Medical assistance, including early periodic screening, diagnosis, and treatment;
    5. Supplemental nutrition assistance programs, including employment and training programs;
    6. Refugee assistance programs;
    7. Basic care services;
    8. Energy assistance programs; and
    9. Information and referral.
  5. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  6. “Human service zone director” means a human service zone team member who oversees the human service zone’s operation and budget and serves as presiding officer of the human service zone board.
  7. “Human services” means:
    1. A service or assistance provided to an individual or an individual’s family in need of services or assistance, including child welfare services, economic assistance programs, medical service programs, and aging service programs, to assist the individual or the individual’s family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing.
    2. A service or assistance provided, administered, or supervised by the department in accordance with chapter 50-06.
    3. Licensing duties as administered or supervised by the department or delegated by the department to a human service zone.
  8. “Indirect costs” means salaries, benefits, and operating costs incurred in providing those goods and services to support human services that are generally available for the common benefit of multiple county agencies which are not identified by the department as a direct cost. Indirect costs include legal representation; facilities and related costs, such as utilities and maintenance; administrative support, including payroll, accounting, banking, and coordination; information technology support and equipment; and miscellaneous goods and services, such as transportation, supplies, insurance coverage, phone, and mail services.

Source:

S.L. 2019, ch. 391, § 130, effective April 18, 2019; 2021, ch. 353, § 18, effective August 1, 2021; 2021, ch. 352, § 481, effective September 1, 2022.

Note.

Section 50-35-01 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 18 of Chapter 353, Session Laws 2021, Senate Bill 2086; and Section 481 of Chapter 352, Session Laws 2021, House Bill 1247.

50-35-01. Definitions. [Effective September 1, 2022]

As used in this chapter, unless the context otherwise requires:

  1. “Department” means the department of health and human services.
  2. “Director” means the executive director of the department or the executive director’s designee.
  3. “Direct costs” means costs that are charged directly to the human service zone human services fund. Direct costs are costs related directly to human service zone team members or human service zone services, including compensation, fringe benefits, and operating costs that are not identified by the department as an indirect cost.
  4. “Economic assistance” means those primary economic assistance programs that need to be accessible to all citizens of the state through a human service zone, including:
    1. Temporary assistance for needy families;
    2. Employment and training programs;
    3. Child care assistance programs;
    4. Medical assistance, including early periodic screening, diagnosis, and treatment;
    5. Supplemental nutrition assistance programs, including employment and training programs;
    6. Refugee assistance programs;
    7. Basic care services;
    8. Energy assistance programs; and
    9. Information and referral.
  5. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
  6. “Human service zone director” means a human service zone team member who oversees the human service zone’s operation and budget and serves as presiding officer of the human service zone board.
  7. “Human services” means:
    1. A service or assistance provided to an individual or an individual’s family in need of services or assistance, including child welfare services, economic assistance programs, medical service programs, and aging service programs, to assist the individual or the individual’s family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing.
    2. A service or assistance provided, administered, or supervised by the department in accordance with chapter 50-06.
    3. Licensing duties as administered or supervised by the department or delegated by the department to a human service zone.
  8. “Indirect costs” means salaries, benefits, and operating costs incurred in providing those goods and services to support human services that are generally available for the common benefit of multiple county agencies which are not identified by the department as a direct cost. Indirect costs include legal representation; facilities and related costs, such as utilities and maintenance; administrative support, including payroll, accounting, banking, and coordination; information technology support and equipment; and miscellaneous goods and services, such as transportation, supplies, insurance coverage, phone, and mail services.

Source:

S.L. 2019, ch. 391, § 130, effective April 18, 2019; 2021, ch. 353, § 18, effective August 1, 2021; 2021, ch. 352, § 481, effective September 1, 2022.

Note.

Section 50-35-01 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 18 of Chapter 353, Session Laws 2021, Senate Bill 2086; and Section 481 of Chapter 352, Session Laws 2021, House Bill 1247.

50-35-02. State-paid human services — Application — Study — Report to legislative management.

  1. The department shall administer a statewide program for state funding of staffing and administrative costs related to the administration of human services.
  2. Payments must be distributed to human service zones and the department pursuant to section 50-35-04, with the first payment distributions commencing in January 2020.
  3. Human service zones shall cooperate with the department to adopt administrative and operational cost-savings methodologies and determine options for consolidations. Human service zones shall implement the administrative and operational cost-savings methodologies and consolidations.
  4. During the 2021-22 interim, the department, with assistance from the North Dakota association of counties and human service zone directors, shall develop a process for allowing a human service zone to opt in to state employment. The process must identify under what conditions and factors a transition to state employment may or may not be desirable for a human service zone and the department; outline the governance process for choosing to opt in to state employment, including a description of the role of the human service zone board, county commissions, and the department; and include a template and potential timeline for any zone choosing to make the transition to state employment. Before August 1, 2022, the department shall report to the legislative management the process developed for allowing a human service zone to opt in to state employment. The transition to state employment is contingent on the approval from the legislative assembly.
  5. During the 2021-22 interim, the department, with assistance from the North Dakota association of counties and human service zone directors, shall study indirect costs. The study must identify a plan defining the process to calculate payment for indirect costs. The department shall provide regular updates to the legislative management on the progress of the study. Before August 1, 2022, the department shall report to the legislative management the process developed to calculate payment for indirect costs.

Source:

S.L. 2019, ch. 391, § 130, effective April 18, 2019; 2021, ch. 353, § 19, effective August 1, 2021.

50-35-03. Payments — Distributions by the director.

  1. The director shall calculate the total payment for each human service zone pursuant to section 50-35-04 for each calendar year. The director shall notify each human service zone of the estimated amount of that zone’s payment for calendar year 2021 and the following years thereafter, before July first of the previous year. The director may amend and modify each human service zone’s payment. If the director amends and modifies a human service zone’s payment, the human service zone director must be notified within thirty days of amendment or modification.
  2. The director shall distribute fifty percent of the amount of each human service zone’s payment determined under subsection 1, within the limits of legislative appropriation, before January eleventh.
  3. By June first of each year, the director shall recalculate the total payment for each human service zone pursuant to section 50-35-04 for the current calendar year.
  4. The director shall subtract from a human service zone’s June fifteenth disbursement any amount exceeding the limitation under section 50-35-05.
  5. The director shall calculate the total payment for the department pursuant to section 50-35-04.

Source:

S.L. 2019, ch. 391, § 130, effective April 18, 2019; 2021, ch. 353, § 20, effective August 1, 2021.

50-35-04. Calculation of payment — Expenditures.

  1. The director shall calculate, in collaboration with the human service zone director or designee, the total payment for each human service zone. The calculation must be based on the human service zone’s most recently available data on historical cost and income, and may include:
    1. Other factors outlined in subsection 3;
    2. The human service zone director’s proposed budget for the human service zone which may include expansion of scope of human services to include kinship care services and payments and services in response to the federal Family First Prevention Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123];
    3. Compensation equity and salary increases. The department may limit future salary increases for human service zone team members to the salary increase provided by the legislative assembly for state employees; and
    4. Current and future duties of and services offered by the human service zone and department.
  2. The director shall authorize expenditures from the human service finance fund to reimburse the department for the department’s costs of providing human services that historically have been provided by a county, human service zone, or a new service or program based on federal or state law. The department may authorize expenditures from the human service finance fund to reimburse the department for transitional costs incurred for implementing the statewide program for state funding.
  3. The director may recalculate and adjust each human service zone’s payment based on pertinent factors, which include actual expenditures over the previous or current payment period, current costs, offered services, need, income, performance of duties directed or assigned and supervised by the department, and caseload. If the director amends and modifies a human service zone’s payment, the human service zone director must be notified within thirty days of amendment or modification. The spending authority of the human service zone must be increased or decreased based on the approved, adjusted, or modified payment.
  4. The director, during the period between January 1, 2021, and December 31, 2023, shall calculate payment for indirect costs. Indirect costs of the human service zone may not become direct costs without written approval of the department. The total payment by the department for reimbursement of indirect costs incurred to support human services may not be less than the prorated amount paid to counties for this purpose in state fiscal year 2018 as identified in the indirect cost plan, unless a cost reduction or cost-savings is achieved by the county.
  5. Direct costs must be applied consistently within all human service zones and may not be included in indirect costs.
  6. Indirect costs must be applied consistently within all counties as it relates to human service zones and may not be included in direct costs.

Source:

S.L. 2019, ch. 391, § 130, effective April 18, 2019; 2021, ch. 353, § 21, effective August 1, 2021.

50-35-05. Human service zone human services fund — Establishment — Fund balance limitations.

  1. Each human service zone in this state shall maintain a fund to be known as the human service zone human services fund. All expenditures by the human service zone for human services must be paid from the human service zone human services fund. If, due to unforeseen or other extenuating circumstances, a human service zone’s distribution payment and balance of moneys carried over pursuant to subsection 2 are not sufficient to meet the expenses of that human service zone, the director may approve a transfer from the human service finance fund to the human service zone human services fund.
  2. The balance of moneys in the human service zone human services fund on January first of each year, after calendar year 2020, may not exceed five hundred thousand dollars for a human service zone that had annual expenditures of two million dollars or greater in calendar year 2020 or two hundred fifty thousand dollars for a human service zone that had annual expenditures of less than two million dollars in calendar year 2020. The balance of moneys carried over must be used for the administration of human services within that human service zone as approved by the human service zone director and may not be used for the county’s cost allocation of indirect costs. The human service zone human services fund is not subject to any other charges and is exempt from section 21-02-08.

Source:

S.L. 2019, ch. 391, § 130, effective April 18, 2019; 2021, ch. 353, § 22, effective May 10, 2021.

50-35-06. Human service zone human services fund — Transfer.

  1. The county treasurer shall transfer the full amount of the service area human services fund to the human service zone human services fund on January 1, 2020. If on January 1, 2021, and each year thereafter, the balance of a human service zone human services fund exceeds the limitations in section 50-35-05, the director shall reduce the human service zone’s formula payment as directed in subsection 4 of section 50-35-03.
  2. The county may not transfer any funds from the service area human services fund until January 1, 2020, unless approved by the department.

Source:

S.L. 2019, ch. 391, § 130, effective April 18, 2019.

50-35-07. Human service finance fund.

The human service finance fund is a special fund in the state treasury. Moneys in the fund may be used, subject to legislative appropriation, for the provision of payments to human service zones and payments to the department pursuant to this chapter.

Source:

S.L. 2019, ch. 391, § 130, effective April 18, 2019; 2021, ch. 353, § 23, effective August 1, 2021.