23.8036.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2104
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Health and Human Services)
1 A BILL for an Act to amend and reenact sections 50-11.1-02, 50-11.1-02.1, 50-11.1-02.3,
2 50-11.1-03, 50-11.1-04, 50-11.1-06, 50-11.1-06.2, 50-11.1-07, 50-11.1-07.1, 50-11.1-07.2,
3 50-11.1-07.3, 50-11.1-07.4, 50-11.1-07.5, 50-11.1-07.6, 50-11.1-07.8, 50-11.1-09, 50-11.1-11.1,
4 50-11.1-12, 50-11.1-14, 50-11.1-14.1, 50-11.1-15, 50-11.1-16, 50-11.1-17, 50-11.1-18,
5 50-11.1-19, 50-11.1-22, 50-11.1-23, 50-11.1-24, and 50-11.1-26, and subsection 2 of section
6 50-25.1-11 of the North Dakota Century Code, relating to early childhood services, resource and
7 referral services, workforce development, early childhood inclusion support program, best in
8 class program, and disclosure of child abuse and neglect confirmed decisions involving early
9 childhood services.
10 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11 SECTION 1. AMENDMENT. Section 50-11.1-02 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 50-11.1-02. Definitions. (Effective through June 30, 2025)
14 As used in this chapter, unless the context or subject matter otherwise requires:
15 1. "Authorized agentApplicant" means the human service zone, unless another entity is
16 designated by the departmentperson applying for a license to operate early childhood
17 services as an owner of an early childhood program, self-declaration, or registered
18 in-home provider.
19 2. "Child care center" means an early childhood program licensed to provide early
20 childhood services to nineteen or more children.
21 3. "Department" means the department of health and human services.
22 4. "Drop-in care" means the care of children on a one-time, occasional, or unscheduled
23 basis to meet the short-term needs of families.
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1 5. "Early childhood program" means any program licensed under this chapter where
2 early childhood services are provided for at least two hours a day for three or more
3 days a week.
4 6. "Early childhood services" means the care, supervision, education, or guidance of a
5 child or children, which is provided in exchange for money, goods, or other services.
6 Early childhood services does not include:
7 a. Substitute parental child care provided pursuant to chapter 50-11.
8 b. Child care provided in any educational facility, whether public or private, in grade
9 one or above.
10 c. Child care provided in a kindergarten which has been established pursuant to
11 chapter 15.1-22 or a nonpublic elementary school program approved pursuant to
12 section 15.1-06-06.1.
13 d. Child care, preschool, and prekindergarten services provided to children under
14 six years of age in any educational facility through a program approved by the
15 department.
16 e. Child care provided in facilities operated in connection with a church, business, or
17 organization where children are cared for during periods of time not exceeding
18 four continuous hours while the child's parent is attending church services or is
19 engaged in other activities, on the premises.
20 f. Schools or classes for religious instruction conducted by religious orders during
21 the summer months for not more than two weeks, Sunday schools, weekly
22 catechism, or other classes for religious instruction.
23 g. Summer resident or day camps for children which serve no children under six
24 years of age for more than two weeks.
25 h. Sporting events, practices for sporting events, or sporting or physical activities
26 conducted under the supervision of an adult.
27 i. Head start and early head start programs that are federally funded and meet
28 federal head start performance standards.
29 j. Child care provided in a medical facility by medical personnel to children who are
30 ill.
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1 7. "Family child care" means a private residence licensed to provide early childhood
2 services for no more than seven children at any one time, except that the term
3 includes a residence licensed to provide early childhood services to two additional
4 school-age children.
5 8. "Four-year old program" means an approved child care program operated by a public
6 or private educational entity or an early childhood program designed to serve four-year
7 oldschildren in the year before kindergarten.
8 9. "Group child care" means a child care program licensed to provide early childhood
9 services for thirty or fewer children.
10 10. "Household member" means an adult living in the private residence out of which a
11 program is operated, regardless of whether the adult is living there permanently or
12 temporarily.
13 11. "Human service zone" means a county or consolidated group of counties
14 administering human services within a designated area in accordance with an
15 agreement or plan approved by the department.
16 12. "In-home provider" means any person who provides early childhood services to
17 children in the children's home.
18 13.12. "Licensed" means an early childhood program has the rights, authority, or permission
19 granted by the department to operate and provide early childhood services.
20 13. "Licensee" means the person to which a license has been issued under this chapter.
21 14. "Multiple licensed program" means an early childhood program licensed to provide
22 more than one type of early childhood services.
23 15. "Operator" means the person that has operational responsibility for the early childhood
24 program and premises at which the early childhood service operates.
25 15.16. "Owner" or "operator" means the person who has legal responsibility for the early
26 childhood program and premises at which the early childhood service operates.
27 16.17. "Parent" means an individual with the legal relationship of father or mother to a child or
28 an individual who legally stands in place of a father or mother, including a legal
29 guardian or custodian.
30 17.18. "Premises" means the indoor and outdoor areas approved for providing early
31 childhood services.
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1 18.19. "Preschool" means a program licensed to offer early childhood services, which follows
2 a preschool curriculum and course of study designed primarily to enhance the
3 educational development of the children enrolled and which serves no child for more
4 than three hours per day.
5 20. "Provider" means an early childhood program, self-declaration, or registered in-home
6 provider.
7 19.21. "Public approval" means a nonlicensed early childhood program operated by a
8 government entity that has self-certified that the program complies with this chapter.
9 20.22. "Registrant" means the holder of an in-home provider registration document issued by
10 the department in accordance with this chapter.
11 21.23. "Registration" means the process whereby the department maintains a record of all
12 in-home providers who have stated that they have complied or will comply with the
13 prescribed standards and adopted rules.
14 22.24. "Registration document" means a written instrument issued by the department to
15 publicly document that the registrant has complied with this chapter and the applicable
16 rules and standards as prescribed by the department.
17 23.25. "School-age child care" means a child care program licensed to provide early
18 childhood services on a regular basis for nineteen or more children aged at least five
19 years through eleventwelve years.
20 24.26. "School-age children" means children served under this chapter who areaged at least
21 five years but less thanthrough twelve years of age.
22 25.27. "Self-declaration" means voluntary documentation of an individual providing early
23 childhood services in a private residence for up to five children through the age of
24 eleventwelve, of which no more than three may be under the age of twenty-four
25 months.
26 26.28. "Staff member" means an individual:
27 a. Who is an employee or operator of an early childhood program or of an early
28 childhood services provider under a self-declaration;
29 b. Whose activities involve the care, supervision, or guidance of children of an early
30 childhood programprovider; or
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1 c. Who may have unsupervised access to children under the care, supervision, or
2 guidance of an early childhood program or early childhood services provider
3 under a self-declaration.
4 Definitions. (Effective after June 30, 2025)
5 As used in this chapter, unless the context or subject matter otherwise requires:
6 1. "Authorized agentApplicant" means the human service zone, unless another entity is
7 designated by the departmentperson applying for a license to operate early childhood
8 services as an owner of an early childhood program, self-declaration, or registered
9 in-home provider.
10 2. "Child care center" means an early childhood program licensed to provide early
11 childhood services to nineteen or more children.
12 3. "Department" means the department of health and human services.
13 4. "Drop-in care" means the care of children on a one-time, occasional, or unscheduled
14 basis to meet the short-term needs of families.
15 5. "Early childhood program" means any program licensed under this chapter where
16 early childhood services are provided for at least two hours a day for three or more
17 days a week.
18 6. "Early childhood services" means the care, supervision, education, or guidance of a
19 child or children, which is provided in exchange for money, goods, or other services.
20 Early childhood services does not include:
21 a. Substitute parental child care provided pursuant to chapter 50-11.
22 b. Child care provided in any educational facility, whether public or private, in grade
23 one or above.
24 c. Child care provided in a kindergarten which has been established pursuant to
25 chapter 15.1-22 or a nonpublic elementary school program approved pursuant to
26 section 15.1-06-06.1.
27 d. Child care, preschool, and prekindergarten services provided to children under
28 six years of age in any educational facility through a program approved by the
29 department.
30 e. Child care provided in facilities operated in connection with a church, business, or
31 organization where children are cared for during periods of time not exceeding
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1 four continuous hours while the child's parent is attending church services or is
2 engaged in other activities, on the premises.
3 f. Schools or classes for religious instruction conducted by religious orders during
4 the summer months for not more than two weeks, Sunday schools, weekly
5 catechism, or other classes for religious instruction.
6 g. Summer resident or day camps for children which serve no children under six
7 years of age for more than two weeks.
8 h. Sporting events, practices for sporting events, or sporting or physical activities
9 conducted under the supervision of an adult.
10 i. Head start and early head start programs that are federally funded and meet
11 federal head start performance standards.
12 j. Child care provided in a medical facility by medical personnel to children who are
13 ill.
14 7. "Family child care" means a private residence licensed to provide early childhood
15 services for no more than seven children at any one time, except that the term
16 includes a residence licensed to provide early childhood services to two additional
17 school-age children.
18 8. "Group child care" means a child care program licensed to provide early childhood
19 services for thirty or fewer children.
20 9. "Household member" means an adult living in the private residence out of which a
21 program is operated, regardless of whether the adult is living there permanently or
22 temporarily.
23 10. "Human service zone" means a county or consolidated group of counties
24 administering human services within a designated area in accordance with an
25 agreement or plan approved by the department.
26 11. "In-home provider" means any person who provides early childhood services to
27 children in the children's home.
28 12.11. "Licensed" means an early childhood program has the rights, authority, or permission
29 granted by the department to operate and provide early childhood services.
30 12. "Licensee" means the person to which a license has been issued under this chapter.
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1 13. "Multiple licensed program" means an early childhood program licensed to provide
2 more than one type of early childhood services.
3 14. "Operator" means the person that has operational responsibility for the early childhood
4 program and premises at which the early childhood service operates.
5 15. "Owner" or "operator" means the person who has legal responsibility for the early
6 childhood program and premises at which the early childhood service operates.
7 15.16. "Parent" means an individual with the legal relationship of father or mother to a child or
8 an individual who legally stands in place of a father or mother, including a legal
9 guardian or custodian.
10 16.17. "Premises" means the indoor and outdoor areas approved for providing early
11 childhood services.
12 17.18. "Preschool" means a program licensed to offer early childhood services, which follows
13 a preschool curriculum and course of study designed primarily to enhance the
14 educational development of the children enrolled and which serves no child for more
15 than three hours per day.
16 19. "Provider" means an early childhood program, self-declaration, or registered in-home
17 provider.
18 18.20. "Public approval" means a nonlicensed early childhood program operated by a
19 government entity that has self-certified that the program complies with this chapter.
20 19.21. "Registrant" means the holder of an in-home provider registration document issued by
21 the department in accordance with this chapter.
22 20.22. "Registration" means the process whereby the department maintains a record of all
23 in-home providers who have stated that they have complied or will comply with the
24 prescribed standards and adopted rules.
25 21.23. "Registration document" means a written instrument issued by the department to
26 publicly document that the registrant has complied with this chapter and the applicable
27 rules and standards as prescribed by the department.
28 22.24. "School-age child care" means a child care program licensed to provide early
29 childhood services on a regular basis for nineteen or more children aged at least five
30 years through eleventwelve years.
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1 23.25. "School-age children" means children served under this chapter who areaged at least
2 five years but less thanthrough twelve years of age.
3 24.26. "Self-declaration" means voluntary documentation of an individual providing early
4 childhood services in a private residence for up to five children through the age of
5 eleventwelve, of which no more than three may be under the age of twenty-four
6 months.
7 25.27. "Staff member" means an individual:
8 a. Who is an employee or operator of an early childhood program or of an early
9 childhood services provider under a self-declaration;
10 b. Whose activities involve the care, supervision, or guidance of children of an early
11 childhood programprovider; or
12 c. Who may have unsu