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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 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
   2. 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. 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
   2. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.
3. 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.
4. The officers and employees designated by the human service zones or the state agency may administer oaths and affirmations.
5. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.”

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.

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.

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.

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.

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. 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.
2. 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.

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.

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.

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.

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.

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.

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.

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.

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.
2. 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.
3. “Charitable purpose” means a charitable, benevolent, philanthropic, religious, social service, welfare, educational, cultural, artistic, or public interest purpose, either actual or purported.
4. “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.
5. “Person” means any individual, organization, association, partnership, corporation, or limited liability company.
6. “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.
7. “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.

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.

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.

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.

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.

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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

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.

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.

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.
6. 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.
7. Determinations of medical necessity may not lead to imposition of remedies, duties, prohibitions, and sanctions under this section.
8. 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.
9. 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.

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.

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.