Bill Summary – FastDemocracy

8049.01000
     Sixty-eighth
     Legislative Assembly                    SENATE BILL NO. 2051
     of North Dakota
     Introduced by
       Human Services Committee
       (At the request of the Department of Health and Human Services)
  A BILL for an Act to create and enact a new section to chapters 25-03.2 and 50-06 of the North
  Dakota Century Code, relating to fingerprint criminal history record investigations for psychiatric
  residential facilities for children and for shelter care programs; and to amend and reenact
  subdivision f of subsection 2 of section 12-60-24 and sections 25-03.2-03, 25-03.2-04,
  50-06-01.9, 50-11-06.8, 50-12-03, and 50-25.1-11.1 of the North Dakota Century Code, relating
  to fingerprint criminal history record checks for certified family foster home for children providers
  and psychiatric residential treatment facility for children, identifying who the department of
  health and human services may require criminal history record checks from, and criminal history
  record checks for volunteers and students for field placement at child placing agencies and
 children's advocacy centers.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
     SECTION 1. AMENDMENT. Subdivision f of subsection 2 of section 12-60-24 of the North
 Dakota Century Code is amended and reenacted as follows:
           f.    The department of health and human services for foster care licenses, certified
                 family foster home for children providers, approvals, and identified relatives under
                 chapter 50-11, appointments of legal guardians under chapter 50-11.3, and
                 petitions for adoptions under chapter 50-12, except that the criminal history
                 record investigation must be conducted in accordance with those chapters. A
                 criminal history record investigation completed under chapter 25-03.2, 50-06,
                 50-11, 50-11.3, or 50-12 may be used to satisfy the requirements of a criminal
                 history record investigation under either of the other twofour chapters.
     SECTION 2. AMENDMENT. Section 25-03.2-03 of the North Dakota Century Code is
 amended and reenacted as follows:
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      25-03.2-03. Requirements for license.
      The department shall issue a license for the operation of a psychiatric residential treatment
  facility for children upon a showing that:
      1.   The premises to be used are in fit, safe, and sanitary condition and properly equipped
           to provide good care and treatment;
      2.   The program director of the facility holds, at a minimum, a master's degree in social
           work, psychology, or in a related field with at least two years of professional
           experience in the treatment of children suffering from mental illnesses or emotional
           disturbances. The executive director of the facility must have, at a minimum, a
          bachelor's degree in a behavioral science or a bachelor's degree in any field and two
          years of experience in administration;
     3.   The staff employed by the facility is supervised by the program director and qualified
          by training and experience to provide services to children suffering from mental
          illnesses or emotional disturbances. The facility annually must provide training to staff
          which is relevant to the needs of the client population;
     4.   The health, safety, and well-being of the children cared for and treated in the facility
          will be properly safeguarded;
     5.   There are sufficient treatment, educational, recreational and leisure, and physical
          facilities and services available to the children in the facility;
     6.   The facility will provide for a medical and psychological examination of each child
          within seventy-two hours of admission and thereafter as needed by the child;
     7.   An interdisciplinary team will review each individual treatment plan at least monthly
          and update or amend the plan to meet the needs of the child;
     8.   The facility develops postdischarge plans and coordinates facility services and related
          community services with partial discharge plans with each child's family, school, and
          community upon discharge to ensure continuity of care; and
     9.   The facility is in compliance with requirements for psychiatric residential treatment
          facilities under 42 U.S.C. 1396d [Pub. L. 89-97; 79 Stat. 351] and title 42, Code of
          Federal Regulations, part 441, and with this chapter and rules adopted under this
          chapter;
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     10.    The facility has sought and obtained a criminal history record when required by this
            chapter; and
     11.    In accordance with rules of the department, the department has determined whether a
            license may be issued to a facility that has a facility operator or any individual
            employed by the facility, contracted service provider of the facility, or nonemployee of
            the facility, having contact with any child cared for by the facility who has a criminal
            record.
      SECTION 3. AMENDMENT. Section 25-03.2-04 of the North Dakota Century Code is
  amended and reenacted as follows:
     25-03.2-04. Conviction not bar to licensure - Exceptions.
     Conviction of an offense by an owner or operator of a facility does not disqualify the
 centerpsychiatric residential treatment facility for children from licensure unless the department
 determines that the offense has a direct bearing upon a person's ability to serve the public as
 an owner or operator of a psychiatric residential treatment facility for children, or that, following
 conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.
     SECTION 4. A new section to chapter 25-03.2 of the North Dakota Century Code is created
 and enacted as follows:
     Criminal history record investigation - Fingerprinting required.
     1.    Each psychiatric residential treatment facility for children shall secure, from a law
           enforcement agency or any other agency authorized to take fingerprints, two sets of
           fingerprints and shall provide all other information necessary to secure state criminal
           history record information and a nationwide background check under federal law from
           a facility operator, and any individual employed by the facility, contracted service
           provider of the facility, and nonemployee of the facility, having contact with any child
           cared for by the facility.
     2.    The facility shall assure information obtained under subsection 1 is provided to the
           department.
     3.    Upon receipt of all fingerprints and necessary information relating to a criminal history
           record investigation, the department shall submit the information and fingerprints to
           the bureau of criminal investigation. The department shall provide a copy of the state
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           criminal history record information response received from the bureau of criminal
           investigation to the facility or authorized agent making the request.
      4.   The bureau of criminal investigation shall request a nationwide background check from
           the federal bureau of investigation and, upon receipt of a response, provide the
           response of the federal bureau of investigation to the department. The bureau of
           criminal investigation also shall provide any criminal history record information that
           may lawfully be made available under chapter 12-60 to the department.
      5.   Upon request by the operators of a facility or employees of a facility, a law
           enforcement agency shall take fingerprints of individuals described in this section if the
          request is made for purposes of this section.
     6.   The department shall pay the cost of securing fingerprints, any criminal history record
          information made available under chapter 12-60, and a nationwide background check
          for each psychiatric residential treatment facility for children.
     7.   An agency that takes fingerprints as provided under this section may charge a
          reasonable fee to offset the costs of the fingerprinting.
     8.   A criminal history record investigation completed under this section may be used to
          satisfy the criminal history record investigation requirements of sections 50-06-01.9,
          50-11-06.8, 50-11.3-01, and 50-12-03.2 and section 6 of this Act.
    SECTION 5. AMENDMENT. Section 50-06-01.9 of the North Dakota Century Code is
 amended and reenacted as follows:
    50-06-01.9. Criminal history record checks.
    In accordance with section 12-60-24, the department may require criminal history record
 checks as the department determines appropriate for:
     1.   Job applicants of the department and employees of the department upon hiringas part
          of contingent offer of employment;
     2.   Job applicants of the human service zone, current employees of the human service
          zone and department, and the department's and human service zones' contractors
          and contractors' subcontractors job applicants and current employees that may have
          access to federal tax information received from the United States internal revenue
          service through a computer match and stored in the department's eligibility system;
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      3.   A criminal history record check conducted under subsections 1 and 2 is valid for
           tenfive years, after which the department shall require another criminal history record
           check on employees of the department, human service zones, and the department's
           and human service zones' contractors and contractors' subcontractors that may have
           access to federal tax information received from the United States internal revenue
           service through a computer match and stored in the department's eligibility system;
      4.   The department's and human service zones' contractors and contractors'
           subcontractors job applicants and current employees of contractors and contractors'
           subcontractors that may have access to social security administration information
          received from the United States social security administration stored in the
          department's eligibility system;
     5.   Providers licensed by the department under chapter 50-12, as well as for any
          employees, volunteers, or students for field placement of those providers who have
          direct contact with families, with children, or both;
   5.6.   Providers holding, applicants for, and emergency designees and staff members of
          providers holding and applicants for early childhood services licensure,
          self-declaration, or in-home provider registration under chapter 50-11.1. The
          department also may require criminal history record checks for household members of
          a residence out of which early childhood services within the provider's home are
          provided; and
   6.7.   Medicaid services applicant providers, Medicaid services providers, or an individual
          with a five percent or more direct or indirect ownership interest in the applicant
          provider or provider under chapter 50-24.1;
     8.   An operator of a facility licensed by the department under chapter 25-03.2, as well as
          any individual employed by the facility, contracted service provider of the facility, and
          nonemployee of the facility, having contact with any child cared for by the facility; and
     9.   A shelter care program certified by the department under chapter 50-06, as well as
          any individual employed by the program.
    SECTION 6. A new section to chapter 50-06 of the North Dakota Century Code is created
 and enacted as follows:
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     Shelter care criminal history record investigation - Fingerprinting required.
      1.   Each shelter care program shall secure, from a law enforcement agency or any other
           agency authorized to take fingerprints, two sets of fingerprints and shall provide all
           other information necessary to secure state criminal history record information and a
           nationwide background check under federal law from any individual employed by the
           shelter care program.
      2.   The shelter care program shall assure information obtained under subsection 1 is
           provided to the department.
      3.   Upon receipt of all fingerprints and necessary information relating to a criminal history
          record investigation, the department shall submit the information and fingerprints to
          the bureau of criminal investigation. The department shall provide a copy of the state
          criminal history record information response received from the bureau of criminal
          investigation to the shelter care program or authorized agent making the request.
     4.   The bureau of criminal investigation shall request a nationwide background check from
          the federal bureau of investigation and, upon receipt of a response, provide the
          response of the federal bureau of investigation to the department. The bureau of
          criminal investigation also shall provide any criminal history record information that
          may lawfully be made available under chapter 12-60 to the department.
     5.   Upon request by the provider or employees of a provider, a law enforcement agency
          shall take fingerprints of individuals described in this section if the request is made for
          purposes of this section.
     6.   The department shall pay the cost of securing fingerprints, any criminal history record
          information made available under chapter 12-60, and a nationwide background check
          for each shelter care provider.
     7.   An agency that takes fingerprints as provided under this section may charge a
          reasonable fee to offset the costs of the fingerprinting.
     8.   A criminal history record investigation completed under this section may be used to
          satisfy the criminal history record investigation requirements of sections 50-06-01.9,
          50-11-06.8, 50-11.3-01, and 50-12-03.2 and section 2 of this Act.
     9.   Before certifying a shelter care program and during the shelter care program
          operation, the department shall seek a criminal history record when required by this
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           section. The department, in accordance with the rules of the department, shall
           consider any criminal history information available at the time a decision is made for
           certification and during the operation of the certified shelter care program.
     SECTION 7. AMENDMENT. Section 50-11-06.8 of the North Dakota Century Code is
  amended and reenacted as follows:
     50-11-06.8. Criminal history record investigation - Fingerprinting required.
      1.   Each facility providing foster care for children shall secure, from a law enforcement
           agency or any other agency authorized to take fingerprints, two sets of fingerprints and
           shall provide all other information necessary to secure state criminal history record
          information and a nationwide background check under federal law from:
          a.   Any individual employed by, or providing care in, the facility; and
          b.   Any adult living in the facility, but not being provided care in the facility.
     2.   Each identified relative, at the request by the department, shall secure, from a law
          enforcement agency or any other agency authorized to take fingerprints, two sets of
          fingerprints and shall provide all other information necessary to secure state criminal
          history record information and a nationwide background check under federal law from
          the identified relative and any adult living in the home of the identified relative.
     3.   Each certified family foster home for children provider, at the request of the
          department, shall secure from a law enforcement agency or any other agency
          authorized to take fingerprints, two sets of fingerprints and shall provide all other
          information necessary to secure state criminal history record information and a
          nationwide background check under federal law from the certified family foster home
          for children provider and any adult living in the home of the certified family foster home
          for children provider.
     4.   The facility, certified family foster home for children provider, or identified relative shall
          assure that information obtained under subsections 1 and, 2, and 3 is provided to the
          department.
   4.5.   Upon receipt of all fingerprints and necessa