2013 North Dakota Century Code Title 50 Public Welfare Chapter 50-25.1 Child Abuse and Neglect
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CHAPTER 50-25.1
CHILD ABUSE AND NEGLECT
50-25.1-01. Purpose.
It is the purpose of this chapter to protect the health and welfare of children by encouraging
the reporting of children who are known to be or suspected of being abused or neglected; the
providing of adequate services for the protection and treatment of abused and neglected
children and to protect them from further harm; the identifying of the cause of children's deaths,
when possible; the identifying of those circumstances that contribute to children's deaths; and
the recommending of changes in policy, practices, and law to prevent children's deaths.
50-25.1-02. Definitions.
In this chapter, unless the context or subject matter otherwise requires:
1. "A person responsible for the child's welfare" means a person who has responsibility
for the care or supervision of a child and who is the child's parent, an adult family
member of the child, any member of the child's household, the child's guardian, or the
child's foster parent; or an employee of, or any person providing care for the child in, a
public or private school or child care setting.
2. "Abuse of alcohol", "alcohol abuse", or "abused alcohol" means alcohol abuse or
dependence as defined in the current diagnostic and statistical manual published by
the American psychiatric association or a maladaptive use of alcohol with negative
medical, sociological, occupational, or familial effects.
3. "Abused child" means an individual under the age of eighteen years who is suffering
from abuse as defined in subdivision a of subsection 1 of section 14-09-22 caused by
a person responsible for the child's welfare and "sexually abused child" means an
individual under the age of eighteen years who is subjected by a person responsible
for the child's welfare, or by any individual who acts in violation of sections 12.1-20-01
through 12.1-20-07, sections 12.1-20-11 through 12.1-20-12.2, or chapter 12.1-27.2.
4. "Assessment" means a factfinding process designed to provide information that
enables a determination to be made that services are required to provide for the
protection and treatment of an abused or neglected child.
5. "Authorized agent" means the county social service board, unless another entity is
designated by the department.
6. "Children's advocacy center" means a full or associate member of the national
children's alliance which assists in the coordination of the investigation in response to
allegations of child abuse by providing a dedicated child-friendly location at which to
conduct forensic interviews, forensic medical examinations, and other appropriate
services and which promotes a comprehensive multidisciplinary team response to
allegations of child abuse. The team response may include forensic interviews,
forensic medical examinations, mental health and related support services, advocacy,
and case review.
7. "Citizen review committee" means a committee appointed by the department to review
the department's provision of child welfare services.
8. "Department" means the department of human services or its designee.
9. "Institutional child abuse or neglect" means situations of known or suspected child
abuse or neglect when the institution responsible for the child's welfare is a residential
child care facility, a treatment or care center for individuals with intellectual disabilities,
a public or private residential educational facility, a maternity home, or any residential
facility owned or managed by the state or a political subdivision of the state.
10. "Local child protection team" means a multidisciplinary team consisting of the
designee of the director of the regional human service center, together with such other
representatives as that director might select for the team with the consent of the
director of the county social service board. All team members, at the time of their
selection and thereafter, must be staff members of the public or private agencies they
represent or shall serve without remuneration. An attorney member of the child
protection team may not be appointed to represent the child or the parents at any
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subsequent court proceeding nor may the child protection team be composed of fewer
than three members. The department shall coordinate the organization of local child
protection teams on a county or multicounty basis.
"Near death" means an act which, as certified by a physician, places a child in serious
or critical condition.
"Neglected child" means a deprived child as defined in chapter 27-20.
"Prenatal exposure to a controlled substance" means use of a controlled substance as
defined in chapter 19-03.1 by a pregnant woman for a nonmedical purpose during
pregnancy as evidenced by withdrawal symptoms in the child at birth, results of a
toxicology test performed on the mother at delivery of the child at birth, or medical
effects or developmental delays during the child's first year of life that medically
indicate prenatal exposure to a controlled substance.
"Protective services" includes services performed after an assessment of a report of
child abuse or neglect has been conducted, such as social assessment, service
planning, implementation of service plans, treatment services, referral services,
coordination with referral sources, progress assessment, monitoring service delivery,
and direct services.
"State child protection team" means a multidisciplinary team consisting of the designee
of the department and, where possible, of a physician, a representative of a
child-placing agency, a representative of the state department of health, a
representative of the attorney general, a representative of the superintendent of public
instruction, a representative of the department of corrections and rehabilitation, one or
more representatives of the lay community, and, as an ad hoc member, the designee
of the chief executive official of any institution named in a report of institutional abuse
or neglect. All team members, at the time of their selection and thereafter, must be
staff members of the public or private agency they represent or shall serve without
remuneration. An attorney member of the child protection team may not be appointed
to represent the child or the parents at any subsequent court proceeding nor may the
child protection team be composed of fewer than three persons.
50-25.1-03. Persons required and permitted to report - To whom reported.
1. Any physician, nurse, dentist, optometrist, dental hygienist, medical examiner or
coroner, or any other medical or mental health professional, religious practitioner of the
healing arts, schoolteacher or administrator, school counselor, addiction counselor,
social worker, child care worker, foster parent, police or law enforcement officer,
juvenile court personnel, probation officer, division of juvenile services employee, or
member of the clergy having knowledge of or reasonable cause to suspect that a child
is abused or neglected, or has died as a result of abuse or neglect, shall report the
circumstances to the department if the knowledge or suspicion is derived from
information received by that person in that person's official or professional capacity. A
member of the clergy, however, is not required to report such circumstances if the
knowledge or suspicion is derived from information received in the capacity of spiritual
adviser.
2. Any person having reasonable cause to suspect that a child is abused or neglected, or
has died as a result of abuse or neglect, may report such circumstances to the
department.
3. A person who has knowledge of or reasonable cause to suspect that a child is abused
or neglected, based on images of sexual conduct by a child discovered on a workplace
computer, shall report the circumstances to the department.
50-25.1-03.1. Photographs - X-rays - Medical tests.
Any person or official required to report under this chapter may cause to be taken color
photographs of the areas of trauma visible on a child who the person or official has knowledge
or reasonable cause to suspect is an abused or neglected child and, if indicated by medical
consultation, cause to be performed imaging studies, laboratory tests, colposcopies, and other
medical tests of the child without the consent of the child's parents or guardian. All photographs
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and other visual images taken pursuant to this section must be taken by law enforcement
officials, physicians, or medical facility professionals upon the request of any person or official
required to report under this chapter. Photographs and visual images, or copies of them, must
be sent to the department or the department's designee at the time the initial report of child
abuse or neglect is made or as soon thereafter as possible. Imaging studies or copies of the
studies and copies of results of other tests conducted under this section must be provided to the
department or the department's designee upon request.
50-25.1-04. Method of reporting.
All persons mandated or permitted to report cases of known or suspected child abuse or
neglect shall immediately cause oral or written reports to be made to the department or the
department's designee. Oral reports must be followed by written reports within forty-eight hours
if so requested by the department or the department's designee. A requested written report must
include information specifically sought by the department if the reporter possesses or has
reasonable access to that information. Reports involving known or suspected institutional child
abuse or neglect must be made and received in the same manner as all other reports made
under this chapter.
50-25.1-04.1. State child protection team - How created - Duties.
1. The department shall name the members of the state child protection team. The
members must be appointed for three-year staggered terms. The member who
represents the department shall serve as presiding officer and is responsible for the
transmittal of all team reports made pursuant to this chapter. The presiding officer shall
set meetings for the purposes of fulfilling the duties set forth in sections 50-25.1-02
and 50-25.1-04.
2. Under procedures adopted by the team, it may meet at any time, confer with any
individuals, groups, and agencies, and may issue reports or recommendations on any
aspect of child abuse, neglect, or death resulting from abuse or neglect it deems
appropriate. All reports or recommendations issued are subject to section 50-25.1-11,
except that the team shall make available information reflecting the disposition of
reports of institutional child abuse, neglect, or death resulting from abuse or neglect,
when the identity of persons reporting, and of the children and parents of children
involved, is protected.
3. In every case of alleged institutional child abuse or neglect, the state child protection
team shall make a determination that child abuse or neglect is or is not indicated.
Upon a determination that institutional child abuse or neglect is indicated, the state
child protection team promptly shall make a written report of the determination. When
the subject of the report is a state-operated institution, the state child protection team
promptly shall notify the governor of the determination.
50-25.1-04.2. Child fatality review panel.
The state child protection team shall serve as a child fatality review panel. The department
shall appoint a peace officer licensed in the state, a mental health professional, and any other
person as appropriate to assist the panel in the performance of its duties. The department, in
coordination with the state department of health, shall adopt rules for the operation of the panel.
Panel members are not entitled to compensation or reimbursement of expenses for service on
the panel.
50-25.1-04.3. Child fatality review panel - Duties.
The child fatality review panel shall meet at least semiannually to review the deaths and
near deaths of all minors which occurred in the state during the preceding six months and to
identify trends or patterns in the deaths and near deaths of minors. The panel may review near
deaths alleged to have resulted only from child abuse and neglect. The panel shall promote:
1. Interagency communication for the management of child death cases and for the
management of future nonfatal cases.
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Effective criminal, civil, and social intervention for families with fatalities.
Intervention and counseling of surviving and at-risk siblings, and offer the same.
Interagency use of cases to audit the total health and social service systems and to
minimize misclassification of cause of death.
Evaluation of the impact of specific risk factors including substance abuse, domestic
violence, and prior child abuse.
Interagency services to high-risk families.
Data collection for surveillance of deaths and the study of categories of causes of
death.
The use of media to educate the public about child abuse prevention.
Intercounty and interstate communications regarding child death.
Use of local child protection team members as local child fatality review panelists.
Information that apprises a parent or guardian of the parent's or guardian's rights and
the procedures taken after the death of a child.
50-25.1-04.4. Child fatality review panel - Access to records.
Upon the request of a coroner or the presiding officer of a child fatality review panel, any
hospital, physician, medical professional, medical facility, mental health professional, mental
health facility, school counselor, or division of juvenile services employee shall disclose all
records of that entity with respect to any child who has or is eligible to receive a certificate of live
birth and who has died. The person submitting the request shall reimburse the disclosing entity
for the actual costs of assembling and disclosing the information.
50-25.1-04.5. Child fatality review panel - Confidentiality of meetings, documentation,
and reports.
1. Notwithstanding section 44-04-19, all meetings of the panel are closed to the public.
Notwithstanding section 44-04-18, all documentation and reports of the panel are
confidential, except for annual reports. The annual report involving child abuse and
neglect deaths and near deaths must include the following:
a. The cause of and circumstances regarding the death or near death;
b. The age and gender of the child;
c. Information describing any previous child abuse and neglect reports or
assessments that pertain to the child abuse or neglect that led to the death or
near death;
d. The result of any such assessments; and
e. The services provided in accordance with section 50-25.1-06, unless disclosure is
otherwise prohibited by law.
2. The panel shall make available to the persons designated in section 50-25.1-11 the
documentation and reports of the panel.
50-25.1-05. Assessment.
1. The department, in accordance with rules adopted by the department, immediately
shall initiate an assessment, or cause an assessment, of any report of child abuse or
neglect including, when appropriate, the assessment of the home or the residence of
the child, any school or child care facility attended by the child, and the circumstances
surrounding the report of abuse or neglect.
2. If the report alleges a violation of a criminal statute involving sexual or physical abuse,
the department and an appropriate law enforcement agency shall coordinate the
planning and execution of their investigation efforts to avoid a duplication of factfinding
efforts and multiple interviews. The department or the law enforcement agency may:
a. Refer the case to a children's advocacy center for a forensic interview, forensic
medical examination, and other services.
b. Interview, without the consent of a person responsible for the child's welfare, the
alleged abused or neglected child and any other child who currently resides or
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who has resided with the person responsible for the child's welfare or the alleged
perpetrator.
c. Conduct the interview at a school, child care facility, or any other place where the
alleged abused or neglected child or other child is found.
Except as prohibited under title 42, Code of Federal Regulations, part 2, a regional
human service center shall disclose to the department or the department's authorized
agent, upon request, the records of a patient or client which are relevant to an
assessment of reported child abuse or neglect.
The department shall adopt guidelines for case referrals to a children's advocacy
center. When cases are referred to a children's advocacy center, all interviews of the
alleged abused or neglected child conducted at the children's advocacy center under
this section shall be audio-recorded or video-recorded.
50-25.1-05.1. Services required - How determined.
Upon completion of the assessment of the initial report of child abuse or neglect, a decision
must be made whether services are required to provide for the protection and treatment of an
abused or neglected child.
1. This determination is the responsibility of the department.
2.
A decision that services are required may not be made when the suspected child
abuse or neglect arises solely out of conduct involving the legitimate practice of
religious beliefs by a parent or guardian. This exception does not preclude a court from
ordering that medical services be provided to the child when the child's life or safety
requires it or the child is subject to harm or threatened harm.
50-25.1-05.2. Report to the court - Entry of report in the child abuse information index.
1. Upon a decision that services are required, the department promptly shall make a
written report of the decision to the juvenile court having jurisdiction in the matter.
2. The department promptly shall file a report of a decision that services are required
under this section in the child abuse information index.
50-25.1-05.3. Disposition of reports implicating a person not responsible for the
child's health or welfare.
Upon determination by the department or the department's designee that a report made
under this chapter implicates a person other than a person responsible for a child's welfare, the
department may refer the report to an appropriate law enforcement agency for investigation and
disposition.
50-25.1-05.4. Department to adopt rules for review of assessment findings.
The department shall adopt rules to resolve complaints and conduct appeal hearings
requested by the subject of a report of suspected child abuse, neglect, or death resulting from
abuse or neglect who is aggrieved by the conduct or result of an assessment.
50-25.1-05.5. Child abuse information index - Establishment.
The division of children and family services or other division as determined appropriate by
the department shall maintain a child abuse information index of all reports of decisions that
services are required for child abuse, neglect, or death resulting from abuse or neglect which
are filed pursuant to section 50-25.1-05.2.
50-25.1-05.6. Interviews on school property.
The department or appropriate law enforcement agency shall notify the school principal or
other appropriate school administrator of its intent to conduct an interview on school property
pursuant to section 50-25.1-05. The school administrator may not disclose the nature of the
notification or any other related information concerning the interview to any person, including a
person responsible for the child's welfare. The school administrator and department or law
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enforcement agency shall make every effort to reduce the disruption of the educational program
of the child, other students, or school staff when an interview is conducted on school property.
50-25.1-06. Protective and other services to be provided.
The department shall provide protective services for the abused or neglected child and
other children under the same care as may be necessary for their well-being and shall provide
other appropriate social services, as the circumstances warrant, to the parents, custodian, or
other persons serving in loco parentis with respect to the child or the other children. The
department may discharge the duties described in this section through an authorized agent.
50-25.1-06.1. Caseload standards - Reimbursement.
The department shall adopt caseload standards establishing minimum staff-to-client ratios
for the assessment of reports of child abuse or neglect and the provision of protective services.
Within the limits of legislative appropriation, the department shall reimburse its authorized agent,
upon claim being made by the authorized agent, for seventy-five percent of additional staff costs
caused by the imposition of such caseload standards. Upon a determination that legislative
appropriations are insufficient to reimburse each claiming authorized agent in the amount of
seventy-five percent of such additional staff costs, the department shall reimburse each claiming
authorized agent for that percentage of additional staff costs which the appropriation is sufficient
to defray.
50-25.1-07. Protective custody.
Any physician examining a child with respect to whom abuse or neglect is known or
suspected, after reasonable attempts to advise the parents, guardian, or other person having
responsibility for the care of the child that the physician suspects has been abused or neglected,
may keep the child in the custody of the hospital or medical facility for not to exceed ninety-six
hours and must immediately notify the juvenile court and the department in order that child
protective proceedings may be instituted.
50-25.1-08. Guardian ad litem.
The court, in every case involving an abused or neglected child which results in a judicial
proceeding, shall appoint a guardian ad litem for the child in those proceedings.
50-25.1-09. Immunity from liability.
Any person, other than the alleged violator, participating in good faith in the making of a
report, assisting in an investigation or assessment, furnishing information, or in providing
protective services under this chapter or who is a member of the child fatality review panel, is
immune from any liability, civil or criminal, except for criminal liability as provided by section
50-25.1-13, that otherwise might result from reporting the alleged case of abuse, neglect, or
death resulting from child abuse or neglect. For the purpose of any proceeding, civil or criminal,
the good faith of any person required to report cases of child abuse, neglect, or death resulting
from abuse or neglect must be presumed.
50-25.1-09.1. Employer retaliation prohibited.
1. An employer who retaliates against an employee solely because the employee in good
faith reported having reasonable cause to suspect that a child was abused or
neglected, or died as a result of abuse or neglect, or because the employee is a child
with respect to whom a report was made, is guilty of a class B misdemeanor. It is a
defense to any charge brought under this section that the presumption of good faith,
described in section 50-25.1-09, has been rebutted.
2. The employer of a person required or permitted to report pursuant to section
50-25.1-03 who retaliates against the person because of a report of abuse or neglect,
or a report of a death resulting from child abuse or neglect, is liable to that person in a
civil action for all damages, including exemplary damages, costs of the litigation, and
reasonable attorney's fees.
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There is a rebuttable presumption that any adverse action within ninety days of a
report is retaliatory. For purposes of this subsection, an "adverse action" is action
taken by an employer against the person making the report or the child with respect to
whom a report was made, including:
a. Discharge, suspension, termination, or transfer from any facility, institution,
school, agency, or other place of employment;
b. Discharge from or termination of employment;
c. Demotion or reduction in remuneration for services; or
d. Restriction or prohibition of access to any facility, institution, school, agency, or
other place of employment or persons affiliated with it.
50-25.1-10. Abrogation of privileged communications.
Any privilege of communication between husband and wife or between any professional
person and the person's patient or client, except between attorney and client, is abrogated and
does not constitute grounds for preventing a report to be made or for excluding evidence in any
proceeding regarding child abuse, neglect, or death resulting from abuse or neglect resulting
from a report made under this chapter.
50-25.1-11. Confidentiality of records - Authorized disclosures.
1. A report made under this chapter, as well as any other information obtained, is
confidential and must be made available to:
a. A physician who has before the physician a child whom the physician reasonably
suspects may have been abused or neglected.
b. A person who is authorized to place a child in protective custody and has before
the person a child whom the person reasonably suspects may have been abused
or neglected and the person requires the information to determine whether to
place the child in protective custody.
c. Authorized staff of the department and its authorized agents, children's advocacy
centers, and appropriate state and local child protection team members, and
citizen review committee members.
d. Any person who is the subject of the report; provided, however, that the identity of
persons reporting or supplying information under this chapter is protected until
the information is needed for use in an administrative proceeding arising out of
the report.
e. Public officials and their authorized agents who require the information in
connection with the discharge of their official duties.
f. A court, including an administrative hearing office, whenever the court determines
that the information is necessary for the determination of an issue before the
court.
g. A person engaged in a bona fide research purpose approved by the department's
institutional review board; provided, however, that no individually identifiable
information as defined in section 50-06-15 is made available to the researcher
unless the information is absolutely essential to the research purpose and the
department gives prior approval.
h. A person who is identified in subsection 1 of section 50-25.1-03, and who has
made a report of suspected child abuse or neglect, if the child is likely to or
continues to come before the reporter in the reporter's official or professional
capacity.
i. A parent or a legally appointed guardian of the child identified in the report as
suspected of being, or having been, abused or neglected, provided the identity of
persons making the report or supplying information under this chapter is
protected. Unless the information is confidential under section 44-04-18.7, when
a decision is made under section 50-25.1-05.1 that services are required to
provide for the protection and treatment of an abused or neglected child, the
department shall make a good-faith effort to provide written notice of the decision
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to persons identified in this subsection. The department shall consider any known
domestic violence when providing notification under this section.
The parent or legally appointed guardian of a child receiving early childhood services
under chapter 50-11.1 may receive the name of the subject, a summary of the facts,
and the results of an assessment conducted under this chapter if the report made
under this chapter involves the owner, operator, staff member, or household member
of the early childhood program, the holder of a self-declaration or a household member
of the holder of a self-declaration, or the in-home provider or a household member of
the in-home provider, who is providing care to the child. The department shall make a
good-faith effort to provide written notice of the results of an assessment conducted
under this chapter to parents or legally appointed guardians identified in this
subsection.
50-25.1-12. Cooperation required.
All law enforcement officials, courts of competent jurisdiction, and appropriate state
agencies shall cooperate in fulfillment of the purposes of this chapter.
50-25.1-13. Penalty for failure to report - Penalty and civil liability for false reports.
Any person required by this chapter to report or to supply information concerning a case of
known or suspected child abuse, neglect, or death resulting from abuse or neglect who willfully,
as defined in section 12.1-02-02, fails to do so is guilty of a class B misdemeanor. Any person
who willfully, as defined in section 12.1-02-02, makes a false report, or provides false
information which causes a report to be made, under this chapter is guilty of a class B
misdemeanor unless the false report is made to a law enforcement official, in which case the
person who causes the false report to be made is guilty of a class A misdemeanor. A person
who willfully makes a false report, or willfully provides false information that causes a report to
be made, under this chapter is also liable in a civil action for all damages suffered by the person
reported, including exemplary damages.
50-25.1-14. Unauthorized disclosure of reports - Penalty.
Any person who permits or encourages the unauthorized disclosure of reports made or
confidential information obtained under the provisions of this chapter is guilty of a class B
misdemeanor.
50-25.1-15. Abandoned infant - Hospital procedure - Reporting immunity.
1. As used in this section:
a. "Abandoned infant" means an abandoned infant as defined in section 27-20-02
and which has been left at a hospital in an unharmed condition.
b. "Hospital" means a facility licensed under chapter 23-16.
2. A parent of an infant may abandon the infant at any hospital. An agent of the parent
may leave an abandoned infant at a hospital with the parent's consent. Neither the
parent nor the agent is subject to prosecution under sections 14-07-15 and 14-09-22
for leaving the abandoned infant at a hospital.
3. A hospital shall accept an infant abandoned or left under this section. The hospital may
request information regarding the parents and shall provide the parent or the agent
with a medical history form and an envelope with the hospital's return address. Neither
the parent nor the agent is required to provide any information.
4. The hospital shall provide the parent or the agent with a numbered identification
bracelet to link the parent or the agent to the abandoned infant. Possession of an
identification bracelet does not entitle the bracelet holder to take custody of the
abandoned infant on demand. If an individual possesses a bracelet linking the
individual to an abandoned infant left at a hospital under this section and parental
rights have not been terminated, possession of the bracelet creates a presumption that
the individual has standing to participate in a protection services action brought under
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this chapter or chapter 27-20. Possession of the bracelet does not create a
presumption of maternity, paternity, or custody.
The hospital may provide the parent or the agent with any relevant information,
including:
a. Information about the safe place for abandoned infant programs;
b. Information about adoption and counseling services; and
c. Information about whom to contact if reunification is sought.
Within twenty-four hours of receiving an abandoned infant under this section, the
hospital shall report to the department, as required by section 50-25.1-03, that an
abandoned infant has been left at the hospital. The report may not be made before the
parent or the agent leaves the hospital.
The hospital and its employees and agents are immune from any criminal or civil
liability for accepting an abandoned infant under this section.
Upon receiving a report of an abandoned infant left at a hospital under this section, the
department shall proceed as required under this chapter if it appears that the
abandoned infant was not harmed, except the department may not attempt to identify
or contact the parent or the agent. If it appears the abandoned infant was harmed, the
department shall initiate an assessment of the matter as required by law.
If an individual claiming to be the parent or the agent contacts the department and
requests to be reunited with the abandoned infant, the department may identify or
contact the individual as required under this chapter and all other applicable laws. If an
individual contacts the department seeking information only, the department may
attempt to obtain information regarding the identity and medical history of the parents
and may provide information regarding the procedures in an abandoned infant case.
The individual is under no obligation to respond to the request for information, and the
department may not attempt to compel response to investigate the identity or
background of the individual.
50-25.1-16. Prenatal exposure to controlled substances - Reporting requirements.
1. An individual required to report under section 50-25.1-03 who has knowledge of or
reasonable cause to suspect that a woman is pregnant and has used a controlled
substance for a nonmedical purpose during the pregnancy shall report the
circumstances to the department if the knowledge or suspicion is derived from
information received by that individual in that individual's official or professional
capacity.
2. Any individual may make a voluntary report if the individual has knowledge of or
reasonable cause to suspect that a woman is pregnant and has used a controlled
substance for a nonmedical purpose during the pregnancy.
3. If a report alleges a pregnant woman's use of a controlled substance for a nonmedical
purpose, the department or its designee shall immediately initiate an appropriate
assessment and offer services indicated under the circumstances. Services offered
may include a referral for chemical dependency assessment, a referral for chemical
dependency treatment if recommended, or a referral for prenatal care. The department
or its designee may also take any appropriate action under chapter 25-03.1.
4. A report and assessment under this section is not required if the pregnant woman
voluntarily enters treatment in a licensed treatment program. If the pregnant woman
does not complete voluntary treatment or fails to follow treatment recommendations,
an individual required to report under section 50-25.1-03 who has knowledge of the
failure to complete voluntary treatment or failure to follow treatment recommendations
shall make a report as required by this section.
5. A report under this section must be made as described in section 50-25.1-04 and must
be sufficient to identify the woman, the nature and extent of use, if known, and the
name and address of the individual making the report.
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50-25.1-17. Toxicology testing - Requirements.
1. If the woman has obstetrical complications that are a medical indication of possible
use of a controlled substance for a nonmedical purpose, upon the consent of the
pregnant woman, or without consent if a specimen is otherwise available, a physician
shall administer a toxicology test to a pregnant woman under the physician's care or to
a woman under the physician's care within eight hours after delivery to determine
whether there is evidence that she has ingested a controlled substance. If the test
results are positive, the physician shall report the results under section 50-25.1-03.1. A
negative test result or the pregnant woman's refusal to consent to a test does not
eliminate the obligation to report under section 50-25.1-03 if other evidence gives the
physician reason to believe the patient has used a controlled substance for a
nonmedical purpose.
2. If a physician has reason to believe based on a medical assessment of the mother or
the infant that the mother used a controlled substance for a nonmedical purpose
during the pregnancy, the physician shall administer, without the consent of the child's
parents or guardian, to the newborn infant born under the physician's care a toxicology
test to determine whether there is evidence of prenatal exposure to a controlled
substance. If the test results are positive, the physician shall report the results as
neglect under section 50-25.1-03. A negative test result does not eliminate the
obligation to report under section 50-25.1-03 if other medical evidence of prenatal
exposure to a controlled substance is present.
3. A physician or any other medical personnel administering a toxicology test to
determine the presence of a controlled substance in a pregnant woman, in a woman
within eight hours after delivery, or in a child at birth or during the first month of life is
immune from civil or criminal liability arising from administration of the test if the
physician ordering the test believes in good faith that the test is required under this
section and the test is administered in accordance with an established protocol and
reasonable medical practice. A physician or any other medical personnel who
determines in good faith not to administer a toxicology test under this section is
immune from liability for not administering the test.
50-25.1-18. Prenatal exposure to alcohol abuse - Reporting requirements.
1. An individual required to report under section 50-25.1-03 who has knowledge of or
reasonable cause to suspect that a woman is pregnant and has abused alcohol after
the woman knows of the pregnancy may:
a. Arrange for a chemical dependency assessment conducted by a licensed
treatment program and confirm that the recommendations indicated by the
assessment are followed; or
b. Immediately report the circumstances to the department if the knowledge or
suspicion is derived from information received by that individual in that individual's
official or professional capacity.
2. An individual may make a voluntary report if the individual has knowledge of or
reasonable cause to suspect that a woman is pregnant and has abused alcohol during
the pregnancy.
3. If the woman is referred for a chemical dependency assessment under subdivision a of
subsection 1 and fails to obtain an assessment or refuses to comply with the
recommendations of the assessment, an individual required to report under section
50-25.1-03 who has knowledge of the failure to obtain the assessment or refusal to
comply with recommendations of the assessment shall make a report to the
department.
4. If a report alleges a pregnant woman has abused alcohol, the department or its
designee shall immediately initiate an appropriate assessment and offer services
indicated under the circumstances. Services offered may include a referral for
chemical dependency assessment, a referral for chemical dependency treatment, if
recommended, or a referral for prenatal care. The department or its designee may also
take any appropriate action under chapter 25-03.1.
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5.
6.
A report and assessment under this section is not required if the pregnant woman
voluntarily enters treatment in a licensed treatment program. If the pregnant woman
does not complete voluntary treatment or fails to follow treatment recommendations,
an individual required to report under section 50-25.1-03 who has knowledge of the
failure to complete voluntary treatment or failure to follow treatment recommendations
shall make a report as required by this section.
A report under this section must be made as described in section 50-25.1-04 and must
be sufficient to identify the woman, the nature and extent of the abuse of alcohol, any
health risk associated with the abuse of alcohol, and the name and address of the
individual making the report.
50-25.1-19. Child protective services duties - Training requirements.
1. The department, at the initial time of contact with an individual subject to a child abuse
or neglect assessment, shall advise the individual of the specific complaints or
allegations made against the individual.
2. The department shall provide training to all representatives of the child protective
services system regarding the legal duties of the representatives. The training may
consist of various methods of informing the representatives of these duties, to protect
the legal rights and safety of children and families from the initial time of contact during
assessment through treatment.
3. The department shall adopt rules to implement the requirements of this section.
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