# Title 75 — Department of Human Services

## Article 75-03 — Community Services

## Chapter 75-03-14 — Family Foster Home for Children

Approval
### § 75-03-14-01. Definitions.

Those definitions set forth in North Dakota Century Code section 50-11-00.1 are applicable to this
chapter. Additionally, in this chapter, unless the context or subject matter requires otherwise:
1. "Authorized licensing agent" means the department or entity identified or licensed by the
department to complete the foster care for children license, certification, or approval home
study assessment.
2. "Background check" means a fingerprint-based criminal history record investigation inclusive
of a child abuse and neglect index check in each state or tribal jurisdiction that the individual
has resided in the previous five years.
3. "Certified foster care provider" means an individual residing in a private dwelling providing
temporary care and safety services to no more than three children placed out of the home,
unless otherwise approved by the department.
4. "Dwelling" means a home, townhouse, apartment, condominium, or manufactured home
where an applicant resides and is approved by the department.
5. "Foster care provider" means an individual residing in a private dwelling who maintains a
license, certification, or approval from the department to provide family foster care to children
in need of temporary safety services when placed out of the home.
6. "Identified relative foster care provider" means an individual residing in a private dwelling
providing temporary care and safety services to no more than six relative children placed out
of the home, unless otherwise approved by the department.
7. "Reasonable and prudent parent standard" means the standard characterized by careful and
sensible parental decisions that maintain the health, safety, and best interests of a child while
at the same time encouraging the emotional and developmental growth of the child
participating in extracurricular, enrichment, cultural, and social activities.
8. "Supervising agency" means the human service zone, division of juvenile services, or tribe
having care, custody, and control of the child in foster care as ordered by a court of competent
jurisdiction or the designee of that agency or person.
History: Effective December 1, 1984; amended effective January 1, 2014; April 1, 2016; October 1,
2019; July 1, 2020; April 1, 2024.
General Authority: NDCC 50-11-03

Law Implemented: NDCC 50-11-00.1, 50-11-06.8
### § 75-03-14-02. License, certification, or approval.

1. Application to provide foster care for children license, certification, or approval must be made
as prescribed by the department.
2. The licensing or certification process requires completion and documentation of the following
items:
a. Application;
b. Intial background check;
c. Initial and annual child abuse and neglect index check;
d. Training requirements;
e. Home visits completed by the authorized licensing agent; and
f. Home study assessment completed by the authorized licensing agent. The assessment
may include interviews with each household member determined age appropriate.
3. The license, certification, or approval must be issued to the applicant for a specific number,
age, and gender of children eligible to be served in the foster care provider's dwelling.
4. The duration of the license, certification, or approval may not exceed two years.
5. The department may issue a license, certification, or approval with stated limitations,
restrictions, and conditions.
6. The license, certification, or approval is not transferable and is valid only for the applicants
residing at a physical location noted at the time of issuance, unless otherwise approved by the
department. Only one license, certification, or approval may be permitted for each physical
location.
7. After reviewing an application, the department may deny a license or certification if:
a. The application contains fraudulent information;
b. After completing the home study, the department determines the dwelling is unsanitary;
c. After completing the home study, the department determines the applicant or dwelling is
not properly equipped to provide for the health and safety of the children served; or
d. The applicant is not in compliance with the regulations prescribed for licensing or
certification by the department.
8. If the facility located on or near, as defined by the tribe, a recognized Indian reservation in this
state is identified as a foster care provider, and is not subject to the jurisdiction of the state of
North Dakota for licensing or certification purposes, the department, with a signed agreement
with the tribe, shall accept an affidavit from an agent of the tribal child welfare agency or an
appropriate tribal officer in lieu of completing the foster care for children licensing or
certification procedure. The department shall issue an approval of the license or certification if
the affidavit represents the following:
a. A home study of the foster care provider was completed by the tribe's child welfare
agency or tribal council; and

b. The foster care provider is in compliance with the standards adopted by the tribe for
family foster care for children licensing or certification, as described in the agreement
signed by the tribe and the department; or
c. The foster care provider is in compliance with the standards required by North Dakota
Century Code section 50-11-02, as described in the agreement signed by the tribe and
the department.
9. The department may withdraw its approval if the provisions in subsection 8 are no longer met.
History: Effective December 1, 1984; amended effective April 1, 2004; January 1, 2014; October 1,
2019; April 1, 2024.
General Authority: NDCC 50-11-03
Law Implemented: NDCC 50-11-01, 50-11-02, 50-11-02.2
### § 75-03-14-03. Minimum physical standards.

The foster care provider shall reside in a dwelling occupied by an individual or a single family. The
foster care provider's dwelling must be in compliance with applicable state or local zoning requirements
and must meet the following criteria:
1. General dwelling areas must include:
a. Cleanliness, neatness, and may not include hazards that jeopardize health and safety;
b. Adequate light, heat, ventilation, and plumbing;
c. A kitchen with operating sink, refrigerator, stove, and oven;
d. A bathroom with sink, toilet, and bathtub or shower;
e. Interior doors that allow for entry from the outside in an emergency when locked;
f. Exterior doors maintained to permit easy exit;
g. Doors that prevent a child from being trapped, including closet doors that can open from
the inside;
h. An operational telecommunications device; and
i. Proper storage of medications, alcohol, poisonous materials, cleaning supplies, and
other hazardous materials to prevent access to children, which is appropriate for the age
and development of the children in placement.
2. Sleeping space in the dwelling must:
a. Accommodate the size of the household, including an individual bed and bedding for
each child in foster care;
b. Prohibit co-sleeping or bed sharing with a child in foster care; and
c. Have more than one exit, including an accessible window that opens to the outside.
3. Fire safety parameters in the dwelling must include:
a. Compliance with local building code and guidelines prescribed by the local fire
department or state fire marshal regarding fire safety in a dwelling;
b. Completion of a fire safety self-declaration;

(1) The department may request the foster care provider satisfactorily complete a fire
inspection by the local fire inspector or, in the absence of a local fire inspector, the
state fire marshal; and
(2) If an inspection is required, the foster care provider shall ensure all deficiencies
noted during the inspection are remedied in efforts to obtain a license, certification,
or approval;
c. Smoke detectors installed and maintained in accordance with the manufacturer's
instructions and located in areas defined in the fire code;
d. Carbon monoxide detectors, where applicable, installed and maintained in accordance
with the manufacturer's instructions and located in areas defined in the fire code; and
e. 2A 10BC fire extinguishers certified by Underwriters' Laboratories maintained in
accordance with the manufacturer's instructions and located in areas defined in the fire
code.
4. Food, water, and milk consumption in the dwelling must include:
a. Food in wholesome condition, free from spoilage or contamination, and safe for human
consumption;
b. Water supply in compliance with regulations for human consumption as noted in North
Dakota Century Code chapter 33.1-16. Water must be from an approved municipal water
system where available. If a municipal system is not available, a water sample must pass
the approved drinking water standard bacteriological water analysis testing. The foster
care provider shall obtain results from an environmental protection agency laboratory
approved by the department; and
c. The milk supply consumed in the family foster home for children must be obtained from a
department-approved source.
5. Firearms must be kept in locked storage or trigger locks must be used, and ammunition must
be kept separate from firearms.
6. Transportation must be available, reliable, legal, and safe to transport children in placement.
7. Pets belonging to the foster care provider must be properly vaccinated per veterinary
guidelines.
8. Swimming pools must meet safety standards prescribed by the department. In the ground or
aboveground swimming pools with a depth of four feet or greater must have a barrier on all
sides to minimize unsupervised access.
9. Hot tubs on the premises must have a safety cover that is locked when not in use.
History: Effective December 1, 1984; amended effective July 1, 1993; April 1, 2004; January 1, 2014;
April 1, 2016; October 1, 2019; April 1, 2024.
General Authority: NDCC 50-11-03, 50-11-04
Law Implemented: NDCC 50-11-02
### § 75-03-14-04. Qualifications of individuals residing in the dwelling.

1. An applicant for licensure, certification, or approval must:
a. Be age twenty-one years or greater;

b. Be financially stable with reasonable income or resources available to the foster care
provider to properly care for children; and
c. Have functional literacy, demonstrating their ability to read communications delivered by
the authorized licensing agent or supervising agency, policy, child care plans, and
medication labels.
2. An individual may not smoke or vape in the foster care provider's dwelling or in an enclosed
area when the child in foster care is present.
3. A household member, not including a child in foster care, may not exhibit symptoms of a
mental health or behavioral health condition, including substance use, that inhibit the
applicant's ability to provide care to children.
a. Upon initial licensing, certification, or approval, an applicant or household member may
not have symptoms of a mental health or behavioral health condition, including
substance use, inhibiting the applicant's ability to provide care to children for a period of
at least twelve months.
b. Throughout licensing, certification, or approval periods, if an applicant or household
member is experiencing symptoms of a mental health or behavioral health condition,
including substance use, and a child in foster care is in placement, every effort should be
made to keep the placement intact if safety has been assessed and the household
member is receiving treatment or services. The authorized licensing agent must reassess
the foster care provider's protective capacities to ensure the symptoms do not inhibit the
applicant's ability to provide care.
4. A household member, not including a child in foster care, may not have been the subject of a
child abuse or neglect assessment where a confirmed decision was made unless the
department, after making appropriate consultation with child protective services, approves the
issuance of a license, certification, or approval; and
a. The household member has followed the recommendations of the child protection
assessment; or
b. The household member can demonstrate the elimination of underlying factors
precipitating the confirmed decision.
5. The department may require psychological testing for any household member, as determined
necessary. The cost of any psychological testing required pursuant to this subsection is the
responsibility of the department.
6. Prior to the department approving an initial license, certification, or approval, the applicant
shall submit the results of a physical examination dated within twelve months of the date of
application. All foster care providers, annually thereafter, shall discuss the health of the
provider and all other individuals residing in the dwelling as part of the home study
assessment. Any foster care provider continuously licensed prior to October 1, 2019, is
exempt from having to submit a physical examination. Identified relative foster care providers
are exempt from completing the initial physical exam, unless otherwise determined by the
department.
7. The department may require proof of immunizations for all individuals residing in the foster
care provider's dwelling, except a child in foster care. It is recommended all members of the
household be up to date on immunizations as recommended by a health care professional,
unless the immunization is contrary to the individual's health as documented by a licensed
health care professional or the individual provides written documentation that immunizations
are against the individual's religious, philosophical, or moral beliefs.

8. The department or supervising agency may require a foster care provider specializing in the
care of medically fragile children to receive specific vaccines if the needs of the child require
such precaution.
9. Physical disabilities or age of a foster care provider does not affect licensing, certification, or
approval provided that the applicant can show that these factors do not inhibit the ability to
care for children in foster care.
10. A foster care provider shall comply with the department's approved preservice training
competencies and demonstrate the ability to apply the skills when caring for children in foster
care.
11. A foster care provider shall comply with the department's reasonable and prudent parent
standard by allowing children in foster care the opportunity to participate in developmentally
and age appropriate activities.
12. A foster care provider shall meet the training requirements defined by the department.
History: Effective December 1, 1984; amended effective April 1, 2004; July 1, 2006; January 1, 2014;
April 1, 2016; October 1, 2019; July 1, 2020; April 1, 2022; April 1, 2024.
General Authority: NDCC 50-11-03, 50-11-03.4
Law Implemented: NDCC 50-11-02
### § 75-03-14-04.1. Background checks and criminal conviction - Effect on licensure,

certification, or approval.
1. The department requires an initial fingerprint-based criminal background check for each
applicant and adult household member residing in the dwelling. Subsequent fingerprint-based
background checks are not required when a foster care provider maintains continuous
licensure, certification, or approval, unless the authorized licensing agent, supervising agency,
or the department determines a need exists to conduct a subsequent investigation.
2. The department requires a child abuse and neglect index check as part of the initial
fingerprint-based background check. An annual child abuse and neglect index must be
completed and placed in the licensing, certification, or approval file.
3. A foster care provider, or adult household members residing in the dwelling must not be
known to have been found guilty of, pled guilty to, or pled no contest to:
a. An offense described in North Dakota Century Code chapter 12.1-16, homicide; 12.1-17,
assaults - threats - coercion - harassment; 12.1-18, kidnapping; 12.1-27.2, sexual
performances by children; 12.1-41, Uniform Act on Prevention of and Remedies for
Human Trafficking; or 19-03.1, Uniform Controlled Substance Act, if class A, B, or C
felony under that chapter; or in North Dakota Century Code section 12.1-20-03, gross
sexual imposition; 12.1-20-03.1, continuous sexual abuse of a child; 12.1-20-04, sexual
imposition; 12.1-20-05, corruption or solicitation of minors; 12.1-20-05.1, luring minors by
computer or other electronic means; 12.1-20-06, sexual abuse of wards; 12.1-20-07,
sexual assault; 12.1-20-12.3, sexual extortion; 12.1-21-01, arson; 12.1-22-01, robbery, if
a class A or B felony under subsection 2 of that section; 12.1-22-02, burglary, if a class B
felony under subdivision b of subsection 2 of that section; 12.1-29-01, promoting
prostitution; 12.1-29-02, facilitating prostitution; or 12.1-31-05, child procurement;
12.1-31-07, endangering an eligible adult - penalty; 12.1-31-07.1, exploitation of an
eligible adult - penalty; 14-09-22, abuse of child; or 14-09-22.1, neglect of child;
b. An offense under the laws of another jurisdiction which requires proof of substantially
similar elements as required for conviction under any of the offenses identified in
subdivision a; or

c. An offense, other than an offense identified in subdivision a or b, if the department
determines the individual has not been sufficiently rehabilitated.
(1) The department may not consider a claim that the individual has been sufficiently
rehabilitated until any term of probation, parole, or other form of community
corrections or imprisonment for all other criminal convictions has elapsed.
(2) An offender's completion of a period of five years after final discharge or release
from any term of probation, parole, or other form of community corrections or
imprisonment, without subsequent charge or conviction, is prima facie evidence of
sufficient rehabilitation.
4. The department has determined that the offenses enumerated in subdivisions a and b of
subsection 3 have a direct bearing on an individual's ability to provide foster care for children.
5. In the case of offenses described in North Dakota Century Code section 12.1-17-01, simple
assault; 12.1-17-03, reckless endangerment; 12.1-17-06, criminal coercion; 12.1-17-07,
harassment; 12.1-17-07.1, stalking; 12.1-22-01, robbery, if a class C felony; or 12.1-31-07.1,
exploitation of an eligible adult - penalty, if a class B or C felony or a class A misdemeanor; or
chapter 19-03.1, Uniform Controlled Substance Act, if a class A, B, or C felony; or equivalent
conduct in another jurisdiction which requires proof of substantially similar elements as
required for conviction, the department may determine that an individual has been sufficiently
rehabilitated if five years have elapsed after final discharge or release from any term of
probation, parole, or other form of community corrections or imprisonment for all other criminal
convictions. The department may not be compelled to make such determination.
6. The department may discontinue processing a request for a criminal background check for
any individual who provides false or misleading information about the individual's criminal
history.
7. An individual is known to have been found guilty of, pled guilty to, or pled no contest to an
offense when it is:
a. Common knowledge in the community;
b. Acknowledged by the individual; or
c. Discovered by the authorized agent or department as a result of a background check.
8. The department may request a fingerprint-based criminal background check whenever a
licensed, certified, or approved foster care provider or adult household member is known to
have been involved in, charged with, or convicted of an offense.
9. The department shall review fingerprint-based criminal background check results as follows:
a. If an individual disputes the accuracy or completeness of the information contained in the
fingerprint-based criminal background check required under this chapter, the individual
may request a review of the results by submitting a written request for review to the
department within thirty calendar days of the date of the results. The individual's request
for review must include a statement of each disputed item and the reason for the dispute.
b. The department shall assign the individual's request for review to a department review
panel.
c. An individual who has requested a review may contact the department for an informal
conference regarding the review any time before the department has issued its final
decision.

d. The department shall notify the individual of the department's final decision in writing
within sixty calendar days of receipt of the individual's request for review.
e. The final decision of the review panel may not be appealed.
10. The department may excuse an individual from providing fingerprints if usable prints have not
been obtained after two sets of prints have been submitted and rejected. If an individual is
excused from providing fingerprints, the department may conduct a nationwide name-based
criminal history record investigation in any state in which the individual lived during the eleven
years preceding the signed authorization for the background check.
11. A foster care provider consecutively licensed or approved prior to August 1, 1999, is not
required to have a record of a fingerprint-based background check on file.
History: Effective April 1, 2004; amended effective January 1, 2014; April 1, 2016; October 1, 2019;
April 1, 2024; October 1, 2024.
General Authority: NDCC 50-11-03
Law Implemented: NDCC 50-11-02, 50-11-06.8
### § 75-03-14-05. Provisions of service.

Foster care providers shall ensure the health and safety of children placed in their dwelling and
provide a safety service to best meet the needs of the child in foster care. The provision of service may
be accomplished in many ways, including meeting the daily needs of the child, supporting family
connections, and complying with goals and tasks to assist the child in achieving timely permanency.
The foster care provider shall:
1. Participate in the child and family team meetings. Child and family team meetings are held at
least quarterly, facilitated by the supervising agency to address and review the permanency
plan of the child.
2. Cooperate in carrying out the objectives and goals of the permanency plan for the child
developed and implemented in collaboration with the supervising agency and child and family
team. Foster care providers shall meet the needs of the child while placed in the foster care
provider's dwelling.
3. Acknowledge their role as a service provider and recognize, as a foster care provider, they
may be considered, but are not guaranteed, to be a permanent option for the child. Foster
care providers shall sign an acknowledgment that federal law establishes a permanency
preference for children eligible under the Indian Child Welfare Act and North Dakota Century
Code chapter 27-19.1 and with identified relatives of the child.
4. If requested by the supervising agency or the juvenile court, provide information concerning
the child in foster care and the child's family.
5. Allow public officials to enter the provider's dwelling as determined necessary by the public
official to ensure child safety.
6. Allow personnel of the authorized licensing agent or supervising agency to enter the provider's
dwelling at any reasonable time. For the purposes of this subsection, "any reasonable time"
means a time mutually convenient to the foster care provider and authorized licensing agent
or supervising agency personnel or any time the authorized licensing agent or supervising
agency determines that a child in foster care's health, safety, or welfare requires the
admittance.
7. Cooperate with the supervising agency to make efforts to maintain and improve the
relationships between the child in foster care and the child's family, whenever appropriate and

possible. The foster care providers may not attempt to diminish the relationship between the
child in foster care and the child's parents or between the supervising agency and the child in
foster care.
8. Cooperate with the supervising agency to develop an approved visitation plan with the child's
parents or guardian. If it is appropriate, visitation may take place in the foster care provider's
dwelling or in a community setting to allow for formal or informal mentoring and support by the
foster care provider. If visitation occurs in the foster care provider's dwelling, the provider does
not have to allow entry to any individual who has been using alcohol, drugs, or any other
intoxicating substance, or who attempts a visit in a manner that is not in accordance with the
approved visitation plan.
9. Inform the authorized licensing agent if a child or adult is moving into the dwelling. All changes
in the number of individuals living in the foster care provider's dwelling must be reported
immediately.
10. Communicate with the supervising agency if a child in foster care is in need of substitute care
during the absence of the foster care provider. Prior approval of the substitute care must be
given by the supervising agency, not to exceed fourteen calendar days. Prior approval is not
required for short periods of substitute care such as a portion of one day. A child in foster care
may not be removed from this state without the prior approval of the supervising agency.
11. Make opportunities available for a child in foster care to attend religious ceremonies chosen
by the child in foster care, or that child's parents, within the community in which the foster
family resides. The foster care provider must respect and not interfere with the religious belief
of the child in foster care and the child's family.
12. Engage in appropriate discipline that is constructive or educational in nature and may include
diversion, separation, discussions with the child in foster care about the situation, praise for
appropriate behavior, and gentle therapeutic physical restraint, for providers with proper
training.
a. No child in foster care may be kicked, bitten, punched, spanked, shaken, pinched,
roughly handled, or struck with an object by a foster care provider or any other individual
residing in the family foster provider's dwelling.
b. Cruel and unusual punishments are prohibited.
c. Authority to discipline may not be delegated to or be accomplished by children.
d. Separation, when used as discipline, must be brief and appropriate to the age and
circumstances of the child in foster care, and when used to discipline a child in foster
care, must be within hearing of an adult in a safe, lighted, well-ventilated room. A child in
foster care may not be separated from the household in a locked room or closet.
e. A child in foster care may not be disciplined for lapses in toilet training.
f. Verbal abuse or derogatory remarks about a child in foster care, the child's family, race,
religion, sexual orientation, gender identity, or cultural background may not be used and
are not permitted.
g. A child in foster care may not be force fed unless medically prescribed and administered
under a physician's care.
h. Deprivation of means, including food, clothing, shelter, hygiene, and medical care is not
permitted.

13. Maintain confidentiality of all information given to the foster care provider by the supervising
agency or the child in foster care's family. Information may not be disclosed to any person
without prior approval of the supervising agency.
14. Utilize foster care maintenance payments to meet the needs of the child in foster care.
History: Effective December 1, 1984; amended effective April 1, 2004; January 1, 2014; October 1,
2019; April 1, 2024.
General Authority: NDCC 50-11-03
Law Implemented: NDCC 50-11-02
### § 75-03-14-06. Child and family team meeting.

Repealed effective April 1, 2024.
### § 75-03-14-07. Background checks required.

Repealed effective April 1, 2024.
### § 75-03-14-08. Fingerprints excused.

Repealed effective April 1, 2024.
### § 75-03-14-09. Identified relative licensing, approval, and waiver.

Applicants who meet the definition of identified relative, who apply to be an identified relative foster
care provider shall comply with this chapter and standards for relative licensing prescribed by the
department. The department may grant a waiver from a provision of this chapter to an applicant to
provide foster care for children if the applicant is an identified relative of a child in foster care. A waiver
may not be issued if it would result in a danger to the health and safety of any child in foster care cared
for by the child's identified relatives. The department shall prescribe the terms of the waiver. A refusal to
grant or revoke an identified relative waiver is not subject to appeal.
History: Effective January 1, 2014; amended effective April 1, 2024.
General Authority: NDCC 50-11-03
Law Implemented: NDCC 50-11-02
### § 75-03-14-10. Certification.

Applicants who apply to be a certified foster care provider offering time limited foster care for
children shall comply with the standards for certification prescribed by the department.
History: Effective April 1, 2024.
General Authority: NDCC 50-11-03
Law Implemented: NDCC 50-11-02
