Bill Summary – FastDemocracy

8070.01000
     Sixty-seventh
     Legislative Assembly                      HOUSE BILL NO. 1091
     of North Dakota
     Introduced by
       Human Services Committee
       (At the request of the Department of Human Services)
  A BILL for an Act to create and enact a new section to chapter 50-11 of the North Dakota
  Century Code, relating to the use of an automated clearing house to facilitate payment; to
  amend and reenact subsection 1 of section 50-06-01.4, subsection 8 of section 50-11-00.1, and
  sections 50-11-02 and 50-11-03.2 of the North Dakota Century Code, relating to shelter care
  services, foster care for children, foster care approval and licensing of facilities, and the use of
  public funds; and to provide an effective date.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Subsection 1 of section 50-06-01.4 of the North Dakota
  Century Code is amended and reenacted as follows:
     1.    The department includes the state hospital, the regional human service centers, a
           vocational rehabilitation unit, and other units or offices and administrative and fiscal
           support services as the executive director determines necessary. The department
           must be structured to promote efficient and effective operations and, consistent with
           fulfilling its prescribed statutory duties, shall act as the official agency of the state in
           the discharge of the following functions not otherwise by law made the responsibility of
           another state agency:
           a.    Administration of programs for children and families, including adoption services
                 and the licensure of child-placing agencies, foster care services and the licensure
                 of foster care arrangements, certification of shelter care services, child protection
                 services, children's trust fund, licensure of early childhood programs, refugee
                 services, in-home community-based services, quality control, and administration
                 of the interstate compacts on the placement of children and juveniles.
                                                 Page No. 1                           21.8070.01000
     Sixty-seventh
     Legislative Assembly
           b.   Administration of programs for individuals with developmental disabilities,
                including licensure of facilities and services, and the design and implementation
                of a community-based service system for persons in need of habilitation.
           c.   Administration of aging service programs, including nutrition, transportation,
                advocacy, social, ombudsman, recreation, and related services funded under the
                Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], home and
                community-based services, licensure of adult foster care homes, and the
                committee on aging.
           d.   Administration of behavioral health programs, including:
               (1)   A policy division responsible for reviewing and identifying service needs and
                     activities in the state's behavioral health system in an effort to ensure health
                     and safety, access to services, and quality of services; establishing quality
                     assurance standards for the licensure of substance use disorder program
                     services and facilities; and providing policy leadership in partnership with
                     public and private entities; and
               (2)   A service delivery division responsible for providing chronic disease
                     management, regional intervention services, and twenty-four-hour crisis
                     services for individuals with behavioral health disorders.
          e.   Administration of economic assistance programs, including temporary assistance
               for needy families, the supplemental nutrition assistance program, home energy
               assistance, child care assistance, refugee assistance, work experience, work
               incentive, and quality control.
          f.   Administration of medical service programs, including medical assistance for
               children's health insurance program, Medicaid waivers, early and periodic
               screening, diagnosis and treatment, utilization control, autism services, and
               claims processing.
          g.   Administration of general assistance.
          h.   Administration of child support.
    SECTION 2. AMENDMENT. Subsection 8 of section 50-11-00.1 of the North Dakota
 Century Code is amended and reenacted as follows:
                                               Page No. 2                         21.8070.01000
     Sixty-seventh
     Legislative Assembly
      8.   "Foster care for children" means the provision of substitute parental child care for
           those children who are in need of care for which the child's parent, guardian, or
           custodian is unable, neglects, or refuses to provide, and includes the provision of food,
           shelter, security and safety, guidance, and comfort on a twenty-four-hour basis, to one
           or more children under twenty-one years of age to safeguard the child's growth and
           development and to minimize and counteract hazards to the child's emotional health
           inherent in the separation from the child's family. Foster care may be provided in a
           licensed or approved family foster home for children, supervised independent living
           program, or qualified residential treatment program.
    SECTION 3. AMENDMENT. Section 50-11-02 of the North Dakota Century Code is
 amended and reenacted as follows:
    50-11-02. License granted - Term - Conditions.
     1.   The department shall grant a license for the operation of a facility receiving persons for
          foster care, for a period of not more than two years, to reputable and responsible
          persons upon showing that:
          a.   The premises to be used are in fit sanitary condition and properly equipped to
               provide good care for all persons who may be received;
          b.   The persons in active charge of the facility are properly qualified to carry on
               efficiently the duties required of them;
          c.   The facility is likely to be conducted for the public good in accordance with sound
               social policy and with due regard to the health, morality, and well-being of all
               persons cared for in the facility; and
          d.   The facility will be maintained according to the standards prescribed for its
               conduct by the rules of the department;
          e.   The applicant has not had a previous facility license denied within two years of
               the date of the current application, unless waived by the department after the
               department considers the health and safety of children and the licensing history
               of the applicant; and
          f.   The applicant has not had a previous facility license revoked within five years of
               the date of the current application, unless waived by the department after the
                                              Page No. 3                         21.8070.01000
     Sixty-seventh
     Legislative Assembly
                department considers the health and safety of children and the licensing history
                of the applicant.
      2.   Before licensing or approving a facility providing foster care for children or adults, the
           department shall seek a criminal history record when required by this chapter. The
           department shall consider any criminal history record information available at the time
           a licensing or approval decision is made.
      3.   The department shall determine, in accordance with rules of the department, whether
           a license may be issued to a facility that houses or employs any individual who has a
           criminal record.
     SECTION 4. AMENDMENT. Section 50-11-03.2 of the North Dakota Century Code is
 amended and reenacted as follows:
     50-11-03.2. Use of public funds.
     Public funds for the purchase of foster care for children or adults may be used only in
 facilities licensed or approved by the department. No person acting on behalf of any state,
 county, or local governmental entity may arrange for or promote care provided in a facility that
 does not have a license or approval issued by the department. This section does not apply to
 any home or institution under the management and control of the state. Nonfederal funds may
 be used to reimburse the costs of shelter care placements for no more than seven days if the
 shelter care services are certified by the department.
     SECTION 5. A new section to chapter 50-11 of the North Dakota Century Code is created
 and enacted as follows:
     Automated clearing house payments.
     The department shall provide payment to family foster home for children, supervised
 independent living program, and qualified residential treatment program for children providers
 using an automated clearing house to provide for electronic fund transfers. To receive payment,
 family foster home for children, supervised independent living program, and qualified residential
 treatment program for children providers and applicants shall provide sufficient documentation
 to enable the department to provide electronic funds transfers through an automated clearing
 house. No other forms of payment are permitted, unless approved by the department.
     SECTION 6. EFFECTIVE DATE. Section 5 of this Act becomes effective on January 1,
 2022.
                                               Page No. 4                         21.8070.01000
Statutes affected: 
INTRODUCED: 50-06-01.4, 50-11-00.1, 50-11-02, 50-11-03.2
FIRST ENGROSSMENT: 50-06-01.4, 50-11-00.1, 50-11-02, 50-11-03.2
Enrollment: 50-06-01.4, 50-11-00.1, 50-11-02, 50-11-03.2
PREFILED: 50-06-01.4, 50-11-00.1, 50-11-02, 50-11-03.2