2016 North Dakota Century Code Title 50 Public Welfare Chapter 50-11.1 Early Childhood Services
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CHAPTER 50-11.1
EARLY CHILDHOOD SERVICES
50-11.1-01. Purpose.
The purpose of this chapter is to assure that children receiving early childhood services be
provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to
their age and capabilities, so as to safeguard the health, safety, and development of those
children.
50-11.1-02. Definitions.
As used in this chapter, unless the context or subject matter otherwise requires:
1. "Authorized agent" means the county social service board, 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. "County agency" means the county social service board in each of the counties of the
state.
4. "Department" means the department of human services.
5. "Drop-in care" means the care of children on a one-time, occasional, or unscheduled
basis to meet the short-term needs of families.
6. "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.
7. "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:
a. Substitute parental child care provided pursuant to chapter 50-11.
b. Child care provided in any educational facility, whether public or private, in grade
one or above.
c. 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
subsection 1 of section 15.1-06-06.
d. Child care, preschool, and prekindergarten services provided to children under
six years of age in any educational facility through a program approved by the
superintendent of public instruction.
e. 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.
f. 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.
g. Summer resident or day camps for children which serve no children under six
years of age for more than two weeks.
h. Sporting events, practices for sporting events, or sporting or physical activities
conducted under the supervision of an adult.
i. Head start and early head start programs that are federally funded and meet
federal head start performance standards.
j. Child care provided in a medical facility by medical personnel to children who are
ill.
8. "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.
9. "Group child care" means a child care program licensed to provide early childhood
services for thirty or fewer children.
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"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.
"In-home provider" means any person who provides early childhood services to
children in the children's home.
"Licensed" means an early childhood program has the rights, authority, or permission
granted by the department to operate and provide early childhood services.
"Multiple licensed program" means an early childhood program licensed to provide
more than one type of early childhood services.
"Owner" or "operator" means the person who has legal responsibility for the early
childhood program and premises.
"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.
"Premises" means the indoor and outdoor areas approved for providing early
childhood services.
"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.
"Public approval" means a nonlicensed early childhood program operated by a
government entity that has self-certified that the program complies with this chapter.
"Registrant" means the holder of an in-home provider registration document issued by
the department in accordance with this chapter.
"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.
"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.
"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.
"School-age children" means children served under this chapter who are at least five
years but less than twelve years of age.
"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.
"Staff member" means operator, caregiver, provider, or any other individual, whether
paid or volunteer, who provides care, supervision, or guidance to children in an early
childhood program or under a self-declaration and includes food preparation,
transportation, and maintenance personnel.
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.
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.
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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.
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. A person, partnership, firm, corporation, limited liability company, association, or
nongovernmental organization 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 that are 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:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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. In addition to any criminal sanctions or other civil penalties which 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.
9. All fees collected under subsection 6 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.
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50-11.1-03.1. Family child care home operator - Cardiopulmonary resuscitation
certification.
Repealed by S.L. 2009, ch. 422, § 27.
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 upon a showing that:
a. 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 must be maintained
according to rules adopted by the department;
b. Staff members are qualified to fulfill the duties required of them according to the
provisions of this chapter and standards prescribed for their qualifications by the
rules of the department;
c. The application does not include any fraudulent or untrue representations;
d. The owner or operator, or applicant has not had a previous license or
self-declaration denied or revoked within the twelve months prior to the date of
the current application;
e. The owner or operator, or applicant has not had three or more previous licenses
or self-declarations denied or revoked. The most recent revocation or denial
cannot have occurred within the five years immediately preceding the application
date;
f. The program has 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;
g. The family child care owner or operator has received training and is currently
certified in cardiopulmonary resuscitation by the American heart association,
American red cross, or other similar cardiopulmonary resuscitation training
programs that are approved by the department, and is currently certified in first
aid by a program approved by the department; and
h. The group child care, preschool, school-age child care, or child care center
maintains, at all times during which early childhood services are provided, at least
one person who has received training and is currently certified in
cardiopulmonary resuscitation by the American heart association, American red
cross, or other similar cardiopulmonary resuscitation training programs that are
approved by the department, and at least one person who is 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 services program
may not be effective for longer than two years.
3. The department may consider the applicant's prior 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.
50-11.1-04.1. Operations of child care home - License.
Repealed by S.L. 1985, ch. 526, § 18.
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50-11.1-05. Operation of family day care home - Registration required - Issuance of
registration certificate - Term.
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 does 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.
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.
50-11.1-06.2. Background investigations - Fees.
1. Upon a determination by the department that a criminal history record check is
appropriate, a provider holding or an applicant for early childhood services licensure,
self-declaration, or in-home provider, as well as new staff members of early childhood
services programs and new household members of a residence out of which early
childhood services are provided, shall obtain two sets of the individual's fingerprints
from a law enforcement agency or other local agency authorized to take fingerprints.
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
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be required to submit to a criminal history record check authorized under section
50-06-01.9.
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.
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 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:
a. 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;
b. Admit for inspection the department or the department's authorized agent and
open for examination all records, books, and reports; and
c. 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:
a. In a judicial proceeding;
b. To officers of the law or other legally constituted boards or agencies; or
c. 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:
a. Name;
b. Address;
c. Telephone number; and
d. Electronic mail address.
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.
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50-11.1-07.2. Correction orders.
1. Whenever the department or the department's authorized agent finds, upon inspection,
that 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 shall 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.
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.
50-11.1-07.3. Reinspections.
The department or the department's authorized agent shall reinspect an early childhood
program or holder of a self-declaration issued a correction order under section 50-11.1-07.2, at
the end of the period allowed for correction. If, upon reinspection, the department determines
that 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.
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.
50-11.1-07.5. Accumulation of fiscal sanctions.
An early childhood program or holder of a self-declaration shall promptly notify the
department or the department's authorized agent in writing when 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 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, the department
determines that 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 prior to 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; provided, that written request
for the hearing is made to the department within ten days of the notice of resumption.
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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.
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.
50-11.1-07.8. Suspension of license, self-declaration, or registration document Investigation upon a report of child abuse or neglect - Notification to parent.
1. The department may:
a. Suspend a license, self-declaration, or registration document at any time after the
onset of a child abuse and neglect investigation alleging the owner or operator,
the holder of a self-declaration, or the in-home provider has committed child
abuse, including child sexual abuse, or has neglected a child and law
enforcement has been involved, if continued operation is likely to jeopardize the
health and safety of the children.
b. Suspend upon a child abuse or neglect services required determination indicating
that 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.
c. Prohibit the presence of an accused owner, operator, holder of a self-declaration,
in-home provider, staff member, or 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 licensed program, holder of the self-declaration, or registration, or
involving a staff member or 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:
a. Shall notify the parent of any child receiving early childhood services when that
program's license, self-declaration, or registration document is suspended.
b. May notify the parent of any child receiving early childhood services when an
owner, operator, holder of a self-declaration, in-home provider, adult staff
member, or adult household member of the program providing care of the child is
under investigation under subsection 1.
c. May notify the parent of any child receiving early childhood services that a staff
member or household member is under investigation under subsection 1 if the
staff member or household member is a minor.
3. Upon the conclusion and disposition of the investigation, the department shall notify
the parent of each child receiving early childhood services of the disposition.
4. Notwithstanding any provision to the contrary, any action taken under this section may
preclude an individual's ability to operate pending an appeal.
Page No. 8
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:
a. Inspect the premises for which a license, self-declaration, or registration
document is applied or issued under this chapter; and
b. 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.
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:
a. 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.
b. The licensee, holder of a self-declaration, or registrant is no longer in compliance
with the minimum standards prescribed by the department.
c. The license, self-declaration, or registration document was issued upon
fraudulent or untrue representation.
d. The licensee, holder of a self-declaration, or registrant has violated any rules of
the department.
e. 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.
f. 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.
g. 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.
50-11.1-10. Denial or revocation of license, self-declaration, or registration document
- Administrative hearing.
Before the department may deny any application for a license, self-declaration, or
registration document under this chapter or before the department may revoke any license,
self-declaration, or registration document, the department shall provide a written notice to the
applicant, licensee, or holder of the self-declaration or registration document of the reasons for
the denial or revocation. The applicant, licensee, holder of a 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.
Page No. 9
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.
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:
a. Ages of children served.
b. Time category of child care request for each child.
c. Special time category, such as nights, weekends, or swing shift.
d. 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:
a. 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;
b. Information and resources which help existing early childhood service providers
to maximize their ability to serve the children and parents of their community;
c. Dissemination of information on current public issues affecting the local and
statewide delivery of early childhood services;
d. Facilitation of communication between existing early childhood service providers
and child-related services in the community served;
e. Recruitment of licensed providers; and
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f.
8.
Options, and the benefits available to employers utilizing the various options, to
expand child care services to employees.
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.
50-11.1-12. Violation of chapter or rules - Injunction.
The department may seek injunctive action against an early childhood program, or holder of
a self-declaration, or in-home registration document in the district court through proceedings
instituted by the attorney general on behalf of the department if:
1. There is a violation of this chapter or a rule adopted under this chapter; or
2. An early childhood program or holder of a self-declaration, or in-home registration
document, after notice and opportunity for hearing on the notice of noncompliance, or
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.
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.
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:
a. Those services are provided after that individual is required to register as a
sexual offender;
b. 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; or
c. 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.
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.
50-11.1-14. Workforce development.
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.
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.
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2.
3.
4.
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.
The department may provide supports and incentives to build child care capacity,
including:
a. 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.
b. Grants to programs with a viable business plan to support early childhood facility
development and expansion in areas with a demonstrated need.
The department shall coordinate with other state agencies as necessary to implement
the provisions of this section.
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:
a. Advise the department each time the department reviews early childhood
services rules;
b. 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
c. 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.
50-11.1-16. Self-declaration - Approved application required - Fees.
1. a. An application for self-declaration is voluntary. An individual may apply 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.
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b.
2.
An applicant for self-declaration shall pay a nonrefundable fee of fifteen dollars at
the time the application is filed.
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.
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 upon the
applicant's declaration that:
a. The premises to be used are in fit and sanitary condition to provide for the health
and safety of all children and shall be maintained according to the standards
prescribed by the rules of the department;
b. 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 its rules;
c. 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;
d. The applicant has not had three or more previous licenses or self-declarations
denied or revoked. The most recent revocation or denial cannot have occurred
within five years of the application date;
e. The applicant has paid the required application fees;
f. 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;
g. The applicant is currently certified in cardiopulmonary resuscitation by the
American heart association, the American red cross, or a similar cardiopulmonary
resuscitation training program approved by the department;
h. The applicant is currently certified in first aid through a training program approved
by the department; and
i. The application does 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.
50-11.1-18. Early childhood services inclusion support services and grant program.
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:
a. Support the staffing needs to expand the ability to care for children with
disabilities or developmental delays; and
b. 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
Page No. 13
3.
4.
5.
6.
7.
special needs or developmental delays. The technical assistance program must be
designed to:
a. Assist early childhood services providers that request support and information
regarding caring for children with special needs or developmental delays;
b. 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;
c. 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;
d. 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;
e. Provide classroom training to early childhood services providers to assist the
providers in the integration of children with special needs; and
f. 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.
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:
a. The department of human services;
b. The department of public instruction;
c. The North Dakota training and information center;
d. Child care aware of North Dakota;
e. Parents of children with disabilities or at risk for developmental delays; and
f. Other appropriate partners.
To be eligible for the grant program, the early childhood services provider must:
a. Be state-licensed, self-declared, or in the process of applying for licensure;
b. Collaborate with service providers that provide formal supports to the child or
children with disabilities or developmental delays; and
c. Work with the child's family and an inclusion or health specialist to complete a
care plan appropriate for the child care setting.
The department shall give priority consideration to licensed early childhood services
providers that care for children with disabilities.
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.
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.
Page No. 14
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.
50-11.1-20. Staffing requirements.
Expired under S.L. 2013, ch. 376, § 10.
Page No. 15
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