25.8078.01000
Sixty-ninth
Legislative Assembly HOUSE BILL NO. 1119
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 create and enact a new section to chapter 50-11.1 of the North Dakota
2 Century Code, relating to early childhood services training and certification requirements; to
3 amend and reenact sections 50-11.1-02, 50-11.1-02.1, 50-11.1-03, and 50-11.1-04,
4 subsection 1 of section 50-11.1-07.2, sections 50-11.1-11, 50-11.1-11.1, and 50-11.1-17,
5 subsection 3 of section 50-11.1-18, and sections 50-11.1-23 and 50-33-08 of the North Dakota
6 Century Code, relating to early childhood services and child care assistance; to repeal sections
7 50-11.1-02.3 and 50-11.1-02.4 of the North Dakota Century Code, relating to training
8 requirements for early childhood services staff; and to provide an effective date.
9 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10 SECTION 1. AMENDMENT. Section 50-11.1-02 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 50-11.1-02. Definitions.
13 As used in this chapter, unless the context or subject matter otherwise requires:
14 1. "Applicant" means the person applying for a license to operate early childhood
15 services as an owner of an early childhood program, self-declaration, or registered
16 in-home provider.
17 2. "Child care" means the care, supervision, education, or guidance of a child that is not
18 provided by a parent, legal guardian, or legal custodian.
19 3. "Child care center" means an early childhood program licensed to provide early
20 childhood services to nineteen or morefor children from birth through age twelve,
21 following appropriate ratios according to the square footage of the center and the ages
22 of children being served.
23 3.4. "Department" means the department of health and human services.
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1 4.5. "Drop-in care" means the care of children on a one-time, occasional, or unscheduled
2 basis to meet the short-term needs of families.
3 5.6. "Early childhood program" means any program licensed, registered, or recognized
4 under this chapter where early childhood services are provided for at least twothree
5 hours a day for three or more days a week.
6 6.7. "Early childhood services" means the care, supervision, education, or guidance of a
7 child or children, which is provided in exchange for money, goods, or other services.
8 Early childhood services does not include:
9 a. Substitute parental child care provided pursuant to chapter 50-11.
10 b. Child care provided in any educational facility, whether public or private, in grade
11 one or above.
12 c. Child care provided in a kindergarten which has been established pursuant to
13 chapter 15.1-22 or a nonpublic elementary school program approved pursuant to
14 section 15.1-06-06.1.
15 d. Child care, preschool, and prekindergarten services provided to children under
16 six years of age in any educational facility through a program approved by the
17 department.
18 e. Child care provided in facilities operated in connection with a church, business, or
19 organization where children are cared for during periods of time not exceeding
20 four continuous hours while the child's parent is attending church services or is
21 engaged in other activities, on the premises.
22 f. Schools or classes for religious instruction conducted by religious orders during
23 the summer months for not more than two weeks, Sunday schools, weekly
24 catechism, or other classes for religious instruction.
25 g. Summer resident or day camps for children which serve no children under
26 six years of age for more than two weeks.
27 h. Sporting events, practices for sporting events, or sporting or physical activities
28 conducted under the supervision of an adult.
29 i. Head start and early head start programs that are federally funded and meet
30 federal head start performance standards.
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1 j. Child care provided in a medical facility by medical personnel to children who are
2 ill.
3 k. A child care program certified by and in good standing with the United States
4 department of defense family child care certification program, in accordance with
5 department of defense instruction 6060.02, child development programs.
6 7.8. "Family child care" means an early childhood program operated in a private residence
7 licensed to provide early childhood services for no more than seventwelve children at
8 any one time, except that the term includes a residence licensed to provide early
9 childhood services to two additional school-age children.
10 8.9. "Four-year old program" means an approved child careearly childhood program
11 operated by a public or private educational entity designed to serve children in the
12 year before kindergarten.
13 9. "Group child care" means a child care program licensed to provide early childhood
14 services for thirty or fewer children.
15 10. "Household member" means an adult living in the private residence out of which a
16 program is operated, regardless of whether the adult is living there permanently or
17 temporarily.
18 11. "In-home provider" means any person who provides early childhood services to
19 childrena child in the children'schild's home when the child has a health condition or
20 disability that would make it not feasible for the child to receive services outside the
21 child’s home due to the unique medical or behavioral health needs of the child.
22 12. "Licensed" means an early childhood program has the rights, authority, or permission
23 granted by the department to operate and provide early childhood services.
24 13. "Licensee" means the person to which a license has been issued under this chapter.
25 14. "Multiple licensed program" means an early childhood program licensed to provide
26 more than one type of early childhood services.
27 15. "Operator" means the person that has operational responsibility for the early childhood
28 program and premises at which the early childhood service operates.
29 16.15. "Owner" means the person who has legal responsibility for the early childhood
30 program and premises at which the early childhood service operates.
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1 17.16. "Parent" means an individual with the legal relationship of father or mother to a child or
2 an individual who legally stands in place of a father or mother, including a legal
3 guardian or custodian.
4 18.17. "Premises" means the indoor and outdoor areas approved for providing early
5 childhood services.
6 19.18. "Preschool designation" means a program licensed to offer early childhood services,
7 which employs highly credentialed staff and follows a preschool curriculum andor
8 course of study designed primarily to enhance the educational development of the
9 children enrolled and which serves no child for more than three hours per day, as
10 defined and verified by the department.
11 20.19. "Provider" means an early childhood program, self-declaration, or registered in-home
12 provider.
13 21.20. "Public approvalRecognized" means a nonlicensed early childhood program operated
14 by a government entity that , exempted by subdivision b, c, d, i, j, or k of subsection 7,
15 which has self-certified that the program complies with this chapter.
16 22.21. "Registrant" means the holder of an in-home provider registration document issued by
17 the department in accordance with this chapter.
18 23.22. "Registration" means the process whereby the department maintains a record of all
19 in-home providers who have stated that they have complied or will comply with the
20 prescribed standards and adopted rules.
21 24.23. "Registration document" means a written instrument issued by the department to
22 publicly document that the registrant has complied with this chapter and the applicable
23 rules and standards as prescribed by the department.
24 25. "School-age child care" means a child care program licensed to provide early
25 childhood services on a regular basis for children aged at least five years through
26 eleven years.
27 26. "School-age children" means children aged at least five years but less than twelve
28 years of age.
29 27.24. "Self-declaration" means voluntary documentation of an individual providing early
30 childhood services in a private residence for up to five children through the age of
31 eleven, of which no more than three may be under the age of twenty-four months.
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1 28.25. "Staff member" means an individual:
2 a. Who is an employee or operator of an early childhood provider;
3 b. Whose activities involve the care, supervision, or guidance of children of an early
4 childhood provider; or
5 c. Who may have unsupervised access to children under the care, supervision, or
6 guidance of an early childhood provider.
7 SECTION 2. AMENDMENT. Section 50-11.1-02.1 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 50-11.1-02.1. Number of children in program - How determined.
10 1. Except as provided under subsection 2, for the purpose of determining the number of
11 children receiving early childhood services, all children present on the premises and
12 underthrough the age of twelve years must be counted for an in-home, a self-
13 declaration, family child care, group child care,and child care center, and preschool.
14 2. An in-home, self-declaration,A self-declaration, family child care, and group child care
15 provider's own child, foster child, or grandchild over the age of eleven are exempt for
16 the purpose of determining the number of children receiving early childhood services
17 under this section.
18 3. For the purpose of determining the number of children receiving early childhood
19 services, all children present on the premises aged at least five years through age
20 eleven must be counted for school-age child care.
21 4. All children present are protected by this chapter regardless of whether money is
22 received or goods or other services are received for their care.
23 4. Notwithstanding the provisions in chapter 11-33, 40-47, or 58-03, or any other
24 provisions authorizing any political subdivision to establish or enforce zoning
25 regulations, a licensed early childhood program serving thirty or fewer children must
26 be considered a permitted use in any area zoned for residential use.
27 SECTION 3. AMENDMENT. Section 50-11.1-03 of the North Dakota Century Code is
28 amended and reenacted as follows:
29 50-11.1-03. Operation of early childhood services program - License required - Fees.
30 1. A license for family child care is required if early childhood services are provided for
31 four or more children ages twenty-four months and under, or six or seventwelve
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1 children through age eleventwelve at any one time which includes no more than three
2 children under twenty-four months of age.
3 2. A license for group child care is required if early childhood services are provided for at
4 least eight and no more than thirty children at any one time.
5 3. A license for a child care center is required if early childhood services are provided for
6 more than thirtytwelve children at any one time.
7 4.3. Except as provided under subsection 54, a person may not establish or operate a
8 family child care, group child care, preschool, school-age child care, or child care
9 center unless licensed to do so by the department.
10 5.4. A governmental organization may not establish or operate a family child care, group
11 child care, preschool, school-age child care, or child care center without first receiving
12 public approvalbeing recognized by certifying, to the department, that it has complied
13 with all rules applicable to family child care, group child care, preschool, or school-age
14 child care, or to child care centers, according to the number and age of children being
15 served.
16 6.5. A license is not required for onsite child care services located in the actual building in
17 which the child's parent is employed, not to exceed ten children per location.
18 7.6. An applicant for a license shall submit the following nonrefundable fees with the
19 application:
20 a. The owner of a family child care applying for a license shall pay an annual
21 license fee of twenty dollars or if the license is issued for a two-year period, a fee
22 of thirty-five dollars.
23 b. The owner of a group child care applying for a license shall pay an annual license
24 fee of twenty-five dollars or if the license is issued for a two-year period, a fee of
25 forty-five dollars.
26 c. The owner of a preschool applying for a license shall pay an annual license fee of
27 thirty dollars or if the license is issued for a two-year period, a fee of fifty-five
28 dollars.
29 d. The owner of a child care center applying for a license shall pay an annual
30 license fee of forty dollars or if the license is issued for a two-year period, a fee of
31 seventy-five dollars.
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1 e. The owner of a multiple licensed program applying for a license shall pay an
2 annual license fee of fifty dollars or if the license is issued for a two-year period, a
3 fee of ninety-five dollars.
4 8.7. An applicant for a license who currently holds a license or self-declaration shall submit
5 the nonrefundable fees set forth in subsection 76 with the application at least sixty
6 days and no more than ninety days before the expiration date of the applicant's
7 current license or self-declaration. If the nonrefundable fees and application are
8 submitted less than sixty days before the expiration date of the applicant's current
9 license or self-declaration, the applicant shall submit with the application two times the
10 nonrefundable fees set forth in subsection 76.
11 9.8. In addition to any criminal sanctions or other civil penalties that may be imposed
12 pursuant to law, the owner of an early childhood program who, after being given
13 written notice by the department, continues to provide early childhood services without
14 a license as required by this section is subject to a civil penalty of fifty dollars per day
15 for each day of operation without the required license. The civil penalty may be
16 imposed by the courts or by the department through an administrative hearing
17 pursuant to chapter 28-32.
18 10.9. All fees collected under subsections 76 and 87 must be paid to the department and
19 must be used to defray the cost, to the department, of investigating, inspecting, and
20 evaluating the applications or to provide training to providers.
21 11. Any hours of department-approved training related to child care which an applicant
22 completes after submitting the fees and application as required under subsection 8
23 must be counted toward the licensing annual requirements for the following year.
24 SECTION 4. AMENDMENT. Section 50-11.1-04 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 50-11.1-04. Application for license - Prerequisites for issuance - License granted -
27 Term.
28 1. An application for operation of an early childhood program must be made on forms
29 provided, in the manner prescribed, by the department. The department shall
30 investigate the applicant's activities and proposed standards of care and shall make
31 an inspection of all premises to be used by the early childhood program applying for a
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1 license. The applicant for a license and the staff members, and, if the appli