# Title 75 — Department of Human Services

## Article 75-03 — Community Services

## Chapter 75-03-36 — Licensing of Child-Placing Agencies

[Repealed]
### § 75-03-36-01. Definitions.

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter
50-12. In addition, as used in this chapter:

1. "Adoption dissolution" means a termination of parental rights of an adoptive parent after
finalization of the same adoption.
2. "Adoption placement" means the formal date on which a child, who is legally free for adoption,
is placed for the purpose of adoption.
3. "Adoption placement disruption" means an interruption of an adoption after formal placement
and prior to finalization in which the child is returned to foster care or placed with another
family.
4. "Client" means a child, birth parent, foster care provider, adoptive parent, or adopted
individual.
5. "Department" means the North Dakota department of health and human services.
6. "Foster care provider" means an individual living 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.
7. "Legal risk adoptive placement" means placement of a child with a prospective adoptive family
when the child is not legally free for adoption.
8. "Life book" means a tool used with children in out-of-home care and children who have been
adopted to record memories and life events.
9. "Nonemployee" means an individual who is not compensated by the child-placing agency,
such as a volunteer or student intern providing specific services under the supervision of an
employee.
10. "Permanent adoption record" means all paper or electronic records, and identifying and
nonidentifying information related to an adopted individual, birth siblings, birth parents, or
adoptive parents which pertains to an adoption.
11. "Resident child-placing agency" means a child-placing agency that maintains an office within
this state.
History: Effective April 1, 2010; amended effective April 1, 2016; July 1, 2020; April 1, 2024.
General Authority: NDCC 50-06-01.4, 50-11-03, 50-12-05
Law Implemented: NDCC 50-06-01.4, 50-11-00.1, 50-12-02
### § 75-03-36-02. Child-placing agency license.

1. Application for a child-placing agency license must be made on an application form provided
by the department.
2. At the initial application, the applicant shall submit a written purpose and policy statement for
the general operation and management of the child-placing agency. The statement must
include:
a. The purpose of the child-placing agency, the geographic area the agency expects to
serve, the ages of children to be placed, and any other specific factors regarding the
children to be placed or the homes in which the children will be placed;
b. A written placement policy, including parental agreement forms, and a description of the
legal procedures which will be used to obtain the authority to place the child; and
c. A written statement of the fees that will be charged for each service.

3. Upon receipt of the application for license or renewal of license, the department shall conduct
a licensing study or a license review to determine if the applicant meets all applicable
requirements for licensure.
4. After completion of a licensing study, the department shall issue a license to any applicant that
meets all requirements for licensure.
5. The department shall renew the license on the expiration date of the previous year's license if:
a. The licensed child-placing agency makes written application for renewal prior to the
expiration date of its current license;
b. The licensed child-placing agency continues to meet all requirements for licensure at the
time of the relicensing study; and
c. The licensed child-placing agency submits a copy of its yearly budget of expenditures.
6. If the department determines that an application or accompanying information is incomplete or
erroneous, the department shall notify the applicant of the specific deficiencies or errors, and
the applicant shall submit the required or corrected information. The department may not issue
or renew a license until it receives all required or corrected information.
7. The licensure requirements of this chapter do not apply to human service zones nor does this
chapter apply to child-placing activities undertaken by human service zones.
History: Effective April 1, 2010; amended effective October 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12
### § 75-03-36-03. License denial or revocation.

1. A child-placing agency license may be denied or revoked under the terms and conditions of
North Dakota Century Code chapter 50-12 or by failing to meet the minimum requirements of
this chapter.
2. If the department decides to deny or revoke a license, the department shall notify the child-
placing agency in writing of its decision and the reasons for denial or revocation, including:
a. The applicant or the licensee is not in compliance with all licensure requirements; or
b. The applicant or the licensee has made a material misrepresentation to the department
regarding its operations.
3. If an action to revoke a license is appealed, the licensee may continue the operation of the
child-placing agency pending the final administrative determination or until the license expires,
whichever occurs first; provided, however, that this subsection does not limit the actions the
department may take pursuant to North Dakota Century Code section 50-12-11.
History: Effective April 1, 2010; amended effective April 1, 2022; April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-10, 50-12-11, 50-12-12
### § 75-03-36-04. Suspension or correction.

1. The department may require immediate suspension of a child-placing agency license.
a. A child-placing agency may submit a written request for review to the department if its
license is suspended. The written request must include a statement of the disputed facts

and the name, address, and telephone number of the individual to be contacted
regarding the review.
b. The request for review must be received by the department within five working days after
the child-placing agency receives written notice of the suspension. The child-placing
agency may submit supporting documents or affidavits for the department to consider
during its review.
c. The department shall complete its review of the files, records, and other information
received from the child-placing agency and issue its decision within thirty days after the
department receives the child-placing agency's request for review.
d. The department's decision constitutes the final determination of the suspension. If the
department concludes that the child-placing agency made a false or misleading report to
the department, the department will issue a notice of revocation of the child-placing
agency's license.
2. The department may require immediate correction of a violation of North Dakota Century
Code chapter 50-11 or this chapter. The child-placing agency has twenty days to correct any
violations. All time periods under this section commence on the third day after the department
mails notice of the correction order to the child-placing agency. Upon written request by the
child-placing agency and upon showing need for an extension created by circumstances
beyond the control of the child-placing agency and documentation that the child-placing
agency has diligently pursued correction of the violation, the department may grant extensions
of time to correct violations.
3. The department may inform the public of a child-placing agency correction order or
suspension status.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-11
### § 75-03-36-05. Resident child-placing agency office requirements.

A resident child-placing agency shall maintain a physical office within the state, including an in-state
mailing address and an in-state telephone number. The resident child-placing agency must ensure that
at minimum the child placement coordinator maintains an onsite in-state presence, unless otherwise
approved by the department.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-02.1
### § 75-03-36-06. Governance.

1. Each child-placing agency shall have a governing body responsible for the overall operations,
policies, activities, and practice of the child-placing agency. The governing body shall:
a. Define a mission statement.
b. Define services provided by the child-placing agency and clearly state which services are
provided directly by the child-placing agency and which services are provided in
collaboration with a referral source or other appropriate agencies.
c. Define the volume of clients, including children placed, birth parents, foster care
providers, or prospective adoptive parents the child-placing agency serves each year. A

child-placing agency shall serve no fewer than twenty-five clients per year and place no
fewer than five children per year, unless the child-placing agency was licensed prior to
April 1, 2024, and otherwise approved by the department.
d. Approve developed policies for child-placing agency operations in compliance with law,
administrative rule, and policy as defined by the department, inclusive of administration,
program, personnel policy, and procedure to address nondiscrimination. Personnel
policies must include recruitment and retention of employees to operate the child-placing
agency and expectations of employees and nonemployees, detail job descriptions for
each position, and ensure a process to review policies and procedures with employee
participation at least every five years.
e. Guide the child-placing agency's development and provide leadership.
f. Be composed of at least three members; a list of the names and contact information of
members of the governing body must be maintained and submitted to the department
during each licensing period. Each board member shall annually disclose conflicts of
interest. Members of the board may not be family or have conflicts of interest with the
child-placing agency administrator or employees with budget or accounting duties.
g. Meet at least every six months.
h. Maintain records of the governing body's meetings.
i. Develop and review policies for board member selection and rotation.
j. Ensure that the child-placing agency is funded, housed, staffed, and equipped in a
manner required for the provision of services.
k. Employ a qualified administrator and delegate responsibility to that administrator for the
administration of the child-placing agency.
l. Evaluate the performance of the administrator at least annually.
m. Approve the child-placing agency's annual budget of anticipated income and
expenditures necessary to provide services described in the child-placing agency's
statement of purpose.
n. Provide the most recent fiscal year-end financial records to the department, upon
request.
o. Ensure that the child-placing agency prepares an annual budget based on the
assessment of child-placing agency program priorities and a realistic appraisal of
anticipated funding, including reimbursement for services.
p. Ensure the child-placing agency submits a copy of its budget to the department with a
cost breakdown of budget items utilized to determine fees for services.
q. If the child-placing agency increases fees for adoption services, ensure the child-placing
agency submits justification of the cost increase to the department before charging an
increased rate.
r. Receive an initial orientation from the administrator to inform new board members of the
child-placing agency's goals, programs, and methods of operation.
s. Ensure the child-placing agency employs or retains legal representation to represent the
child-placing agency in legal matters and to ensure prompt resolution of legal questions
for children in the legal custody of the child-placing agency.

2. The child-placing agency shall have sufficient liability insurance to protect itself, employees,
and children entrusted to its care from serious financial jeopardy.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-02
### § 75-03-36-07. Administrator.

1. The governing body of the child-placing agency shall designate an administrator and shall
clearly define, in writing, the responsibilities of the administrator.
2. The administrator shall:
a. Plan and coordinate with the governing body approval of new policies and procedures
related to personnel, program, and administrative operations and shall maintain the
policies and procedures required by this chapter.
b. Ensure that the governing body is kept informed of matters affecting the child-placing
agency's finances, operation, and provision of services.
c. Ensure employment of qualified employees.
d. Ensure that the child-placing agency and its services are made known to the community.
e. Maintain a current organizational chart showing the child-placing agency's lines of
accountability and authority.
f. Maintain a records retention policy that ensures adoption files are maintained
permanently and adoption files which do not result in an adoption, adoption search files,
and foster care files are retained according to child-placing agency retention schedule.
3. The child-placing agency, under the administrator's direction, shall maintain a record for each
client. The client's record must be kept current from the point of intake to termination of
service and must contain information relevant to the provision of services.
4. The child-placing agency administrator shall ensure adequate supervision is provided to all
employees and nonemployees working at the child-placing agency.
History: Effective April 1, 2010; amended effective January 1, 2012; April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-02
### § 75-03-36-08. Financial structure.

Repealed effective April 1, 2024.
### § 75-03-36-09. Personnel files.

1. The child-placing agency shall maintain an individual file for each employee. The file must
include:
a. Inventory detailing first and last date of employment, reason employment ended, training
totals per year, and performance evaluation dates.
b. The application for employment, including a record of previous employment.
c. Documentation of information obtained from an employee's references, if applicable.

d. Verification of any required license or qualification necessary for the position assigned to
the employee.
e. A job description specifying the employee's role and responsibilities.
f. A statement signed by the employee acknowledging the confidentiality policy.
g. Annual performance evaluations.
h Orientation and training records.
i. Evidence of the employee having read and received a copy of the law and child-placing
agency procedures requiring the reporting of suspected child abuse and neglect, North
Dakota Century Code chapter 50-25.1, initially upon hire and annually thereafter.
j. Results of a fingerprint-based criminal history record check and child abuse and neglect
record.
2. The child-placing agency shall maintain an individual file for each nonemployee. The file must
include:
a. Personal identification information.
b. Results of fingerprint-based criminal background checks and child abuse or neglect
record.
c. Description of duties.
d. Orientation and training records.
e. Evidence of the nonemployee having read and received a copy of the law and facility
procedures requiring the reporting of suspected child abuse and neglect, North Dakota
Century Code chapter 50-25.1, initially upon placement and annually thereafter.
f. A statement signed by the nonemployee acknowledging the confidentiality policy.
3. The child-placing agency shall adopt a policy regarding the retention of employee and
nonemployee files.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-11-05, 50-12-03, 50-12-05
### § 75-03-36-10. Employee functions and qualifications.

1. The child-placing agency shall employ or contract with service providers to perform necessary
child-placing agency functions. Required employees and their qualifications include:
a. Administrator. The administrator shall provide for the general management and
administration of the child-placing agency in accordance with the licensing requirements
and policies of the child-placing agency's governing body. The administrator must have a
bachelor's degree in business or public administration, social work, behavioral science,
or a human services field and have a minimum of four years of related professional
experience.
b. Supervisor. The supervisor shall supervise, evaluate, and monitor the work progress of
the placement employee. The supervisor must have a bachelor's degree in a behavioral
science field and must be licensed as required by the field of practice and have a

minimum of two years of experience or must have a master's degree in a behavioral
science field. The supervisor must be licensed as required by the field of practice.
c. Child placement coordinator. The child placement coordinator shall perform intake
services; provide case management for children and families; recruit and assess foster
and adoptive homes; and plan and coordinate resources for children and families. The
child placement coordinator must have a bachelor's degree in a behavioral science field
and must be licensed as required by the field of practice.
2. If the child-placing agency has more than five child placement coordinators employed, the
child-placing agency shall employ a supervisor and may not contract with a supervisor.
3. The child-placing agency shall establish a caseload standard. The child placement coordinator
caseload must ensure the placement coordinator is able to make all the required contacts with
the child, biological parent, foster care provider, and adoptive families; adoption search clients;
and collateral parties.
History: Effective April 1, 2010; amended effective January 1, 2012; April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-03
### § 75-03-36-11. Employee professional development.

1. The child-placing agency shall ensure that the supervisor and child placement coordinator
receive at least ten hours of training per year with evidence of completion in the employee file.
Activities related to orientation and supervision of the employees and routine tasks are not
training activities for the purpose of this requirement.
2. Prior to a new employee working independently, the child-placing agency shall provide
orientation training to the employee covering all of the following areas, with evidence of
completion present in the employee file:
a. Child-placing agency philosophy and program goals;
b. Administrative procedures, policies, and protocols;
c. Personnel policies;
d. Expected employee conduct with coworkers and clients;
e. Protocol for identifying and reporting child abuse and neglect; and
f. Disaster plan.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-03, 50-12-05
### § 75-03-36-12. Employee background checks.

Repealed effective April 1, 2024.
### § 75-03-36-13. Background checks and criminal conviction - Effect on licensure.

1. The department requires an initial fingerprint-based criminal background check for each child-
placing agency owner, employee, or nonemployee with direct contact with clients. An initial
fingerprint-based criminal background check is also required for each prospective adoptive

parent, foster care provider, or any adult household member living in the prospective adoptive
parent or foster care provider's home. Subsequent fingerprint-based background checks are
not required for an employee, nonemployee, prospective adoptive parent, foster care provider,
or any adult household member who maintains continuous employment, licensure, or
affiliation with the child-placing agency unless the child-placing 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 criminal background check. An annual child abuse and neglect index check
must be completed and placed in the personnel file for each employee and nonemployee or in
the client file for each prospective adoptive parent, foster care provider, or any adult
household member living in the prospective adoptive parent or foster care provider's home.
3. A prospective adoptive parent, foster care provider, or any adult household member living in
the prospective adoptive parent or foster care provider's home may not be licensed, certified,
or approved, or a child-placing agency owner, employee, or nonemployee may 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 section 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; 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 that the individual has not been sufficiently rehabilitated.
(1) The department will 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 the individual's ability to serve the public in a capacity
as an adoptive home placement, a foster care provider, and as an owner, employee, or
nonemployee of a child-placing agency.
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 the 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 deny 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 child-placing agency, authorized agent, or department as a result of a
background check.
8. The department may request a fingerprint-based criminal background check whenever an
owner, employee, or nonemployee of the child-placing agency, a prospective adoptive parent,
foster care provider, or any adult household member living in the prospective adoptive parent
or foster care provider's home 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 child-placing agency shall make an offer of employment to an employee or an offer of
placement to a nonemployee conditioned upon the individual's consent to complete required
background checks. While awaiting the results of the required background check, the child-
placing agency may choose to provide training and orientation to an employee. However, until
the completed and approved required background check results are placed in the employee
file, the employee may have only supervised interaction with clients.
11. The department may excuse an owner, employee, or nonemployee of a child-placing agency,
prospective adoptive parent, foster care provider, or any adult household member living in the

prospective adoptive parent or foster care provider's home from providing fingerprints if usable
prints have not been obtained after two sets of prints have been submitted and rejected. If an
owner, employee, or nonemployee of a child-placing agency, prospective adoptive parent,
foster care provider, or any adult household member living in the prospective adoptive parent
or foster care provider's home 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.
12 A child-placing agency shall establish written policies and engage in practices that conform to
those policies to effectively implement this section, and North Dakota Century Code sections
13 A child-placing agency shall establish written policies specific to how the child-placing agency
will proceed if a current employee or nonemployee is known to have been found guilty of, pled
guilty to, or pled no contest to an offense.
History: Effective April 1, 2010; amended effective April 1, 2016; July 1, 2020; April 1, 2024; October 1,
2024.
General Authority: NDCC 50-11-03, 50-11.3-01, 50-12-05
Law Implemented: NDCC 50-11-06.8, 50-11.3-01, 50-12-03.2
### § 75-03-36-14. Nonemployees.

1. A child-placing agency that utilizes nonemployees who work directly with children and families
on a regular basis shall:
a. Develop and aprovide description of duties and specified responsibilities;
b. Require personal references, if applicable;
c. Designate an employee to supervise and evaluate nonemployees;
d. Develop a plan for orientation and training of nonemployees which includes education on
the legal requirements for confidentiality, training in the philosophy of the child-placing
agency, and the needs of children and families served by the child-placing agency;
e. Maintain documentation that the nonemployee has read and received a copy of the law
and child-placing agency procedures requiring the reporting of suspected child abuse
and neglect, North Dakota Century Code chapter 50-25.1, initially and annually
thereafter;
f. Require that a nonemployee sign a statement of confidentiality; and
g. Require each nonemployee to successfully complete a fingerprint-based criminal
background check and a child abuse and neglect index check prior to allowing the
nonemployee to have unsupervised contact with children.
2. Nonemployees may not be used in the place of full-time paid employees.
History: Effective April 1, 2010; amended effective April 1, 2016; April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-11-05, 50-12-03, 50-12-05
### § 75-03-36-15. Student field placements.

Repealed effective April 1, 2024.

### § 75-03-36-16. Child abuse and neglect.

1. The child-placing agency shall follow the mandated procedures for reporting child abuse and
neglect as outlined in North Dakota Century Code section 50-25.1-03. Upon hire and annually
thereafter, all employees and nonemployees shall certify having read the law requiring the
reporting of suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1,
and having read and received a copy of the child-placing agency's written child abuse and
neglect procedures. All employees and nonemployees are required to report suspected child
abuse and neglect.
2. The child-placing agency shall develop policy for handling any suspected incidents of child
abuse or neglect involving a child-placing agency employee, nonemployee, foster care
provider, prospective foster care provider, adult household member, or prospective adoptive
parent. These procedures must include:
a. A provision that ensures any individual having knowledge of or reasonable cause to
suspect that a child is abused or neglected reports the circumstances to child protection
intake;
b. A provision for preventing a recurrence of the alleged incident pending an assessment;
and
c. Approval from the department indicating the individual is determined rehabilitated if the
child-placing agency employee, nonemployee, foster care provider, adult household
member, or prospective adoptive parent has been the subject of a confirmed decision in
a report of child abuse or neglect or has been convicted of a direct bearing offense.
History: Effective April 1, 2010; amended effective April 1, 2022; April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-03, 50-12-05, 50-25.1-03
### § 75-03-36-16.1. Adoptive family child abuse and neglect.

Repealed effective April 1, 2024.
### § 75-03-36-17. Incident and sentinel event reporting.

The child-placing agency shall have written policy outlining the documentation and reporting of
incidents and sentinel events that occur while a child is in a foster care or adoption placement prior to
the adoption finalization. The policy must include:
1. A description of an incident involving harassment, violence, discrimination, or an unplanned
occurrence that resulted or could have resulted in injury to people or damage to property,
specifically involving the general public, child in placement, foster care provider, prospective
adoptive parents, or child-placing agency employee or nonemployee.
2. A description of an incident involving law enforcement, including in the case of a runaway,
criminal activity, behavior resulting in harm to others, or restraint injury.
3. A description of a sentinel event as an unexpected occurrence involving death, serious injury
or psychological injury not related to the natural causes of a client's illness or underlying
condition, including any process variation for which a reoccurrence would carry a significant
chance of a serious adverse outcome. Sentinel events include serious injury or trauma to a
client, attempted suicide by the client, death of a client, or inappropriate sexual contact.

4. A requirement that notification must be made to custodian, parent, or guardian and the
department immediately or within one business day.
History: Effective April 1, 2010; amended effective July 1, 2020; April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-07
### § 75-03-36-18. Disaster plan.

The child-placing agency shall have a written disaster plan to accommodate emergencies. The
disaster plan must specify:
1. Employee roles and responsibilities;
2. Processes to ensure ongoing communication is maintained with children in placement, foster
care providers, or prospective adoptive parents and employees;
3. Primary and alternate plans for evacuation to ensure continuity of services, including
workspace and ongoing access to relevant child-placing agency files; and
4. Supervision of employees, nonemployees, children in placement, foster care providers, and
prospective adoptive parents after evacuation or relocation.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-07
### § 75-03-36-19. Confidentiality and retention of files.

1. The child-placing agency shall have written procedures for safeguarding the confidentiality of
records.
2. Except as otherwise provided in this section and North Dakota Century Code section
14-15-16, child-placing agency records concerning children and families who have received,
are receiving, or seek to receive services must be safeguarded and may be made available
only:
a. To employees and nonemployees of the child-placing agency, to the extent reasonably
necessary for the performance of their duties;
b. To persons authorized by a custodian, parent, or guardian who may lawfully review a
child's record;
c. In a judicial proceeding;
d. To officers of the law or board specific to a criminal investigation; and
e. As required by law.
3. The child-placing agency shall ensure that all records are kept in a safe place, protected from
damage, theft, and unauthorized access.
4. The child-placing agency shall disclose its records to the department, upon request.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 14-15-16, 50-11-05, 50-12-05

### § 75-03-36-20. Legal services and responsibilities.

Repealed effective April 1, 2024.
### § 75-03-36-21. Quality assurance.

A child-placing agency shall have a performance and providing quality improvement plan that
ensures licensing compliance, advances service delivery, reviews management practices, and
measures the achievement of program goals and outcomes. Quality assurance must include:
1. A process for reviewing the case plans for each child to evaluate the continued
appropriateness;
2. A process for reviewing select child, foster or adoptive families, and personnel files quarterly to
ensure quality of services being provided; and
3. A process for reviewing the child-placing agency's policies, procedures, and practices.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-05
### § 75-03-36-22. Child-placing agency closure.

The child-placing agency shall have a policy and procedure in the event a child-placing agency
closes. Prior to closing, the administrator shall provide at least a sixty-day written notice to the
department, including:
1. A detailed plan for closure, specifying:
a. Date of closure; and
b. Plan to notify each custodian, parent or guardian, foster care provider, adoptive family,
and employee, no less than forty-five days prior to closure.
2. A detailed plan to supervise and manage all adoptive placements;
3. A detailed plan to accommodate all licensed or approved families and birth families to other
agencies regarding closure of cases;
4. A detailed plan of reasonable attempts to notify former clients of the child-placing agency's
closure;
5. A detailed plan of any arrangements made with another licensed child-placing agency to retain
all permanent adoption records and provide post-finalization services; and
6. Arrangements to transfer any other records which must be retained for a specific time period
to the department.
History: Effective April 1, 2010; amended effective January 1, 2012; April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-07
### § 75-03-36-23. Adoption - Referral source.

A child-placing agency shall work in conjunction with a referral source, which may include a birth
parent or a public agency case manager. A child-placing agency may:

1. Distribute information regarding adoption services provided for a child, the child's birth parent,
and prospective adoptive parents;
2. Provide a list of required information needed from a referral source;
3. Request an invite to meetings regarding the child, if applicable; and
4. Obtain necessary authorization for permission to recruit a prospective adoptive family for the
child.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-05
### § 75-03-36-24. Adoption - Services to birth parents.

1. The child-placing agency shall:
a. Inform a birth parent of the birth parent's rights, obligations, and responsibilities under
state law, or as specified by court order;
b. Inform a birth parent of the continuum of openness in adoption and the options available
to the birth parent and the child for future contact as allowed by state law;
c. Assist the birth parent in making a decision and understanding the finality of
relinquishment of parental rights;
d. Assist the birth parent to legally terminate the birth parent's parental rights provided this
is the decision of the parent and the parent has the legal authority to relinquish his or her
rights or make an adoption plan;
e. Solicit the preference of the birth parent for the religious faith in which their child may be
reared;
f. Include the birth parent, and other significant individuals including the child when
appropriate, in the development of the case plan;
g. Obtain, if assuming custody of a child for voluntary placement purposes:
(1) Written authority from the parent or parents to place the child; and
(2) Written authority from the parent or parents to provide medical services for the child;
h. Make reasonable efforts to involve the birth parents in planning for the adoptive
placement of the child. Reasonable efforts as identified by this section means effort with
respect to any action made, attempted or taken by the child-placing agency is intended to
be timely, documented, and consistent with the best interests of the child; and
i. Offer supportive and referral services to the birth parents.
2. No fee, with the exception of reasonable fees as verified by the court and allowed by state
law, may be paid by the prospective adoptive parents to the birth parents. The fees paid by the
prospective adoptive parents and the services provided by the child-placing agency to the
birth parents may not be provided dependent on their willingness to relinquish their child for
adoption.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05

Law Implemented: NDCC 50-12-05
### § 75-03-36-25. Adoption - Services to the child.

1. The child-placing agency shall make every effort to place siblings together in an adoptive
home. If it is not possible to place siblings together, the child-placing agency shall add written
documentation in the child's file identifying the reasons the siblings could not be placed
together and the plans formulated to keep the siblings in contact with one another after the
adoption.
2. The child-placing agency shall create and provide a life book to the child, and shall give the
child an opportunity to explore the child's birth history in preparation for the child's adoptive
placement.
3. When appropriate to the child's developmental needs, the child-placing agency shall provide
preplacement counseling to the child to assist the child in adjusting to adoption.
4. The child-placing agency shall begin recruitment efforts immediately and on an ongoing basis
as directed by the referral for a child without an identified family. Diligent recruitment may
include listing the child with local, regional, and national recruitment resources.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-05
### § 75-03-36-26. Private adoptions - Selection of adoptive placement.

The child-placing agency shall select prospective adoptive parents who have the capacity to assist
in the achievement of the permanency goal. For all private adoptions, the child-placing agency shall:
1. Make efforts to involve the birth parents in the selection of the prospective adoptive parents.
2. If appropriate, make a legal risk adoptive placement, prior to the termination of parental rights,
into the home of a prospective adoptive parent of that child, provided that:
a. The prospective family home has been fully studied and recommended for adoption
placement; and
b. The prospective adoptive parents sign a document acknowledging that they understand
the risk of the birth parent reclaiming the child and that the prospective adoptive parents
will return the child to the child-placing agency upon the child-placing agency's request.
3. Recruit foster care providers to provide interim care for infants being relinquished to the
custody of the child-placing agency prior to the adoptive home placement of the child, if
applicable.
4. Collaborate with the department to identify a licensed foster care provider for the child-placing
agency to access for interim care for infants. Permission must be limited to a specific child for
a specific period of time. The child-placing agency shall provide the same information to the
licensed foster care provider as it would provide to the child-placing agency's foster care
provider.
History: Effective April 1, 2010; amended effective April 1, 2016; April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-08

### § 75-03-36-27. Licensed child-placing agencies - Interim family foster homes for infants.

Repealed effective April 1, 2024.
### § 75-03-36-28. Adoption - Preplacement preparation services.

1. A child-placing agency may not place a child into an adoptive home without a full adoption
assessment being completed on the prospective adoptive parents, including required
fingerprint-based criminal background check and child abuse and neglect index check.
2. The child-placing agency may not place a child into an adoptive home if:
a. There is a prior finding of deprivation related to any child in the prospective adoptive
home within the last five years;
b. There has been a dissolution of a previous adoption within the last five years;
c. There has been a disruption of a formal adoptive placement within the last five years,
unless further assessment by the child-placing agency in consultation with the
department determines such placement to be in the best interest of the child; or
d. The custodial agency reasonably believes the adoption is not in the best interest of the
child.
3. Effective October 1, 2024, if the prospective adoptive parents are licensed foster care
providers, the child-placing agency shall obtain and consider the foster care assessment as
part of the adoption assessment to determine suitability. An adoptive home is presumed
suitable if the foster care provider has:
a. Been continuously licensed, certified, or approved as a family foster home for children;
and
b. Provided foster care for children for more than one year without a correction order, fiscal
sanction, or license revocation proceeding.
4. A child-placing agency shall give the prospective adoptive parents an opportunity to review the
records of the child in the child-placing agency's possession, and shall provide the prospective
adoptive parents an opportunity to meet with the child's case manager, therapists, foster care
providers, and other treatment providers to gain an understanding of the child's needs and the
services the child will require upon placement in the prospective adoptive home.
5. A child-placing agency shall help the child, when age appropriate, understand the reasons for
placement, prepare the child for the new family, and be available to the child, prospective
adoptive parents, and the birth parents, when applicable, for supportive services.
6. A child-placing agency preplacement preparation services must include:
a. A visit with the child at the home of the prospective adoptive parents, if applicable;
b. Sharing the child's life book with the child and the prospective adoptive parents, if
applicable;
c. Arrangements for a physical examination unless the child had a physical examination
within one year prior to placement. The child-placing agency shall provide the
prospective adoptive parents with a copy of the physician's report and the child's
immunization record;

d. Arrangements for an eye, dental, and hearing examination for a child three years of age
or older unless the child had these examinations within one year prior to placement. The
child-placing agency shall provide the prospective adoptive parents with copies of the
examination reports; and
e. Sharing of information regarding the child's development and needs between the care
providers, if applicable, parents and the prospective adoptive parents.
7. The child-placing agency shall prepare the prospective adoptive parents for an understanding
of separation anxiety, grief reaction, and problems related to attachment.
8. The child-placing agency shall notify the referral source of the date of placement.
9. The child-placing agency, if applicable, shall make an adoptive placement in accordance with
the interstate compact on the placement of children.
10 The child-placing agency, if applicable, shall discuss the need and qualifications for adoption
assistance and shall make a referral to the department. The child-placing agency shall provide
the department with supporting documentation of the need for adoption assistance when
making the referral.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 14-15-11, 50-12-08
### § 75-03-36-29. Adoption - Placement.

1. The child-placing agency shall adopt written policies for the placement of a child legally free
for adoption. The policies must detail:
a. Placement contract procedures as specified in North Dakota Century Code section
50-12-06;
b. Collaboration with the custodial case manager or birth parents to review the prospective
adoptive parents;
c. Placement into an adoptive home as soon as possible after the child is legally free for
adoption;
d. Placement of an Indian child according to the Indian Child Welfare Act and North Dakota
Century Code chapter 27-19.1;
e. Placement in the best interests of the child;
f. Placement with identified relatives if it is in the best interests of the child; in the event a
relative search is completed by the child-placing agency, diligent search efforts must be
documented;
g. Placement of siblings together, and if this is not possible, a plan to keep separated
siblings connected after adoption;
h. Placement to meet each child's needs;
i. Prohibition of placement of a child based solely on the race, or national origin of the
adoptive parents or the child, unless the Indian Child Welfare Act or North Dakota
Century Code chapter 27-19.1 applies;
j. Continuation of services to assist the child and family;

k. Providing relevant child specific documents to the child's adoptive parents; and
l. Adoption-related policies required by the department.
2. The child-placing agency shall give notice to the department of any adoptive placement
facilitated by the child-placing agency for adoption. The child-placing agency shall provide
notice within seven calendar days of placement.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-06, 50-12-08
### § 75-03-36-30. Adoption - Post-placement and post-finalization.

1. Post-adoptive placement, until adoption finalization. The child-placing agency shall have policy
and procedure detailing:
a. Supportive services offered and available for the child and adoptive family following
adoptive placement;
b. Monthly visitation with the adoptive parents and other members of the adoptive family, as
applicable;
c. Monthly face-to-face visits with the child primarily in the child's residence; and
d. Assistance provided to the adoptive family in completing the legal adoption of the child.
2. Post-finalization. The child-placing agency shall have policy and procedure detailing:
a. Supportive services offered and available to adoptive parents, birth parents, and the
adoptive child or adult, as applicable;
b. Exchange of information between birth and adoptive families consistent with contact
agreements; and
c. Information and referral services, including the North Dakota post adopt network.
3. The child-placing agency shall have policy and procedures detailing adoption search services
specific to the process, availability, and fees charged.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-05
### § 75-03-36-31. Adoption - Services to prospective adoptive parents.

1. A child-placing agency serving minority race children shall have a recruitment plan that
actively recruits homes of the same race as the adoptive children to preserve the adoptive
child's culture.
2. The child-placing agency shall provide information to a prospective adoptive parent about the
adoption process, the child-placing agency's policies and practices, legal procedures, and the
approximate time the adoption process will take, adoptive standards, children available, the
availability of a subsidy if appropriate, and a payment schedule which clarifies provision of
services, dates of payment, and an estimate of final costs.

3. The child-placing agency shall provide education to a prospective adoptive parent to ensure
they have a well-rounded understanding regarding trauma, the needs of an adoptive child,
and the importance of maintaining biological and cultural connections.
4. The child-placing agency shall require the prospective adoptive parent of a foreign-born child
to purchase a surety bond, or have five thousand dollars in savings, to provide financial
protection for a possible disruption, or unexpected medical costs prior to finalization unless the
adoptive parent is provided a copy of the decree of adoption from the foreign court at the time
of finalization in the foreign country.
5. The child-placing agency shall document a summary of the information and maintain on file
the adoption assessment. An adoption assessment must be completed in the form and
manner prescribed by the department which must include onsite visits of the prospective
adoptive parent's home to assess physical safety, personal beliefs, motivation and
commitment to adopt, relationship status, support systems, financial stability, substance use,
mental and behavioral health stability, plans to support the child's long-term needs, cultural
and biological family connections, plan for care of the child in the event of death and any
supplemental information determined necessary and collected throughout the assessment
process.
6. During the course of the assessment, the child-placing agency shall keep the applicant
informed of the applicant's status. When an applicant is denied a recommendation for
adoption, the child-placing agency shall inform the applicant, in writing, of the reasons the
child cannot be placed in the applicant's home. The child-placing agency shall offer services to
the applicant as needed.
7. The child-placing agency shall require an adoptive family assessment be updated at least
every two years from the date of completion of the original assessment until a child is placed
into the home for the purpose of adoption.
8. The child-placing agency shall have regular contact with an approved waiting adoptive family
to assess their circumstances and ability to adopt a child for adoptive placement.
9. The child-placing agency shall develop policy and procedure to allow applicants to grieve the
services provided by the child-placing agency or to grieve the child-placing agency's decision
regarding adoption assessment denial.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-07, 50-12-08
### § 75-03-36-32. Adoption - Case plan.

1. The child-placing agency shall develop a written case plan for each client. The case plan must
include a description of specific services to be provided to meet the needs of the birth parents,
the child, and the prospective adoptive parents. The case plan must include goals specifying
timelines to achieve permanency for the child.
2. The child-placing agency shall review the case plan annually.
3. The case plan must be signed and dated by the case manager and other relevant parties as
determined appropriate.
4. For a child in the custody of a tribe or a human service zone, the case plan must be directed
by the custodial agency, the child, if appropriate, and with input from members of the child and
family team.

5. For a child in the custody of the child-placing agency, the child-placing agency may direct the
case plan.
6. For a child in the custody of a birth or adoptive parent, the legal custodial parent may direct
the case plan.
History: Effective April 1, 2010; amended effective July 1, 2020; April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-06
### § 75-03-36-33. Adoption - Case records.

1. The child-placing agency shall maintain a case record on each client served. The child-placing
agency shall maintain a master list detailing all case records managed by the child-placing
agency. The child-placing agency shall adopt a policy regarding the retention of the permanent
adoption record.
2. The child's case records must include the following:
a. The child's full name, date of birth, and other identifying information;
b. The child's referral information;
c. The child's birth record;
d. Application documents, including a photo of the child, if recruitment is needed;
e. Record of the child's placement history with names of caregivers and dates of placement;
f. Child-placing agency assessments and supporting documentation;
g. Medical records with significant family health history for the child and the child's birth
parent;
h. Signed statements authorizing necessary medical or surgical treatment for the child;
i. Legal documents;
j. Child-placing agency agreements or contracts;
k. Reports from schools, specialists, and other agencies;
l. A case plan; and
m. All relevant correspondence regarding the child's treatment, visits, and contacts with
other persons concerning services provided to the child.
3. The prospective adoptive parent's case record must include the following:
a. Fingerprint-based criminal background check;
b. Child abuse and neglect index check, initially and annually thereafter, if applicable;
c. Medical records, if applicable;
d. Adoption assessment;
e. Other pertinent documentation;
f. Physical examination, if applicable; and

g. In the event prospective adoptive parents are denied a recommendation for adoption or
did not have a child placed with them, the child-placing agency shall keep on file a
narrative clearly indicating the reason and the manner in which the decision was
presented to the family.
4. The birth parent case record must include the following, if applicable:
a. Application documents;
b. Medical and health history; and
c. Family genealogy and social history.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-05
### § 75-03-36-34. Adoption - Placement disruption.

The child-placing agency shall:
1. Report immediately to the department any adoption placement disruptions;
2. Provide services to assist the child with managing the loss after a placement disruption;
3. Assess the needs of the child when considering replacement options;
4. Provide services to assist the adoptive parents in managing the loss after a placement
disruption; and
5. Assess the needs of the adoptive family with whom the child was placed at the time of the
disruption prior to considering any future adoptive placement.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12-05
### § 75-03-36-35. Foster care - Programs and services.

1. The child-placing agency shall adopt a written program description, which includes the
following:
a. A description of the services provided by the child-placing agency, clearly stating which
services are provided directly by the child-placing agency and which services are to be
provided in collaboration with a human service zone, the division of juvenile services,
tribal entities, community resources such as schools, and other appropriate agencies;
b. A description of how the child-placing agency engages in wraparound philosophies, and
how collaboration efforts occur;
c. A description of how the child-placing agency participates in preparing a child in foster
care to transition to adulthood, if applicable;
d. Characteristics and eligibility requirements of a child served by the child-placing agency
may not exceed the requirements for children working with a human service zone, tribe,
division of juvenile services, or the department;
e. A list of information that is required to be submitted with the referral;

f. Foster care providers must be licensed in accordance with North Dakota Century Code
chapter 50-11 and chapter 75-03-14; and
g. Acknowledgment that final decisions regarding a child referred to the child-placing
agency rest with the custodian pursuant to the authority and responsibility conferred on
the custodian under North Dakota Century Code chapter 27-20.3.
2. The child-placing agency shall have a written admission policy. The written policy must
include:
a. A screening of referrals, including a method of determining the appropriateness of each
referral, including the age, gender, and characteristics of a child eligible for placement;
b. Verification that a child referred to the child-placing agency and accepted for services
meets the criteria for admission and placement into a family setting;
c. Requirements specific to a child in foster care as defined by the department;
d. A requirement that the child-placing agency accept a child for placement who meets
eligibility criteria;
e. A process for assisting the applicant or referral source, or both, in obtaining services from
other agencies when the child-placing agency's services are not appropriate to the
applicant's or referral source's needs; and
f. A requirement that the child-placing agency discuss with the child and the child's parent,
guardian, or custodian, the appropriateness of the child-placing agency's services in
meeting the child's needs, including client rights.
3. The child-placing agency shall have a written discharge policy, including the development of a
discharge plan. The written policy and plan must include:
a. Names of individuals involved in discharge planning;
b. The date of admission;
c. The date of discharge;
d. Details of the events and circumstances leading to the decision to discharge;
e. The names and address of the individual or agency to whom the child is discharged;
f. A summary of services provided during placement;
g. A summary of goal achievement;
h. A summary of the child's continuing needs;
i. Appointments scheduled;
j. A list of medication prescribed; and
k. A summary of efforts made by the child-placing agency to prepare the child for discharge.
4. A licensed child-placing agency shall work with the department to set the child-placing
agency's foster care fee for service rate, inclusive of clothing and personal incidentals.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-12-05

Law Implemented: NDCC 50-12-05, 50-12-07
### § 75-03-36-36. Foster care - Program files.

1. The child-placing agency shall maintain a file for each child. This file must include:
a. The child's full name, date of birth, and other identifying information;
b. The name and contact information of a custodian, parent, or guardian, and other
pertinent individuals;
c. Signed care agreement or contract establishing the child-placing agency's authority to
accept and place the child;
d. An explanation of custody and legal responsibility for consent to any medical or surgical
care;
e. An explanation of responsibility for payment for care and services;
f. A current case plan;
g. A copy of the appropriate interstate compact forms, if applicable;
h. Progress reports that are developed by the child-placing agency and provided at least
quarterly to the child's custodian, parent, or guardian;
i. Medical records, including annual health tracks screenings, immunization records, and
evidence of appropriate medical followthrough; and
j. School records, including individual education plans, if applicable.
2. The child-placing agency shall maintain a current case file on each family foster care provider,
including:
a. Current contact information for foster care providers;
b. Initial and renewal licensing documents;
c. Fingerprint-based criminal background checks;
d. Initial and annual child abuse and neglect index checks;
e Child-placing agency specific assessments and supporting documentation;
f. Correspondence; and
g. Child-placing agency agreements or contracts.
History: Effective April 1, 2010; amended effective January 1, 2012; April 1, 2024.
General Authority: NDCC 50-12-05, 50-12-07
Law Implemented: NDCC 50-12-05, 50-12-07
### § 75-03-36-37. Foster care - Case plan.

The child-placing agency shall adopt a written policy that ensures the child-placing agency will
develop a case plan for each child and family. The policy must detail:
1. The development of a case plan, within thirty days of placement, in conjunction with the child
and family team;

2. Documentation of participation in child and family team meetings on a quarterly basis;
3. Documentation of services provided by other agencies working with the child inclusive of
behavioral and physical health needs;
4. Documentation of the child's special needs, if applicable;
5. Documentation of reasonable efforts to gather relevant case planning information from the
custodian, parents, foster care providers, courts, schools, and other appropriate individuals or
agencies;
6. Completion of a strengths and needs assessment of the child, biological family, and foster
care provider;
7. Identification of measurable goals, including time frames for completion;
8. Identification of the measures that will be taken or tasks that will be performed to assist the
child and family with meeting the goals;
9. Identification of the individual or entity responsible for providing the service or completing the
task;
10. A discharge plan, including a projected discharge date with special attention to discharge
planning efforts for a child who is aging out of foster care; and
11. Documented evidence of individualized treatment progress in a child's case plan reviewed at
least quarterly, or more often if necessary.
History: Effective April 1, 2010; amended effective January 1, 2012; April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-11-03, 50-12-05
### § 75-03-36-38. Foster care - Family foster care provider.

The child-placing agency shall adopt a written policy that describes how the child-placing agency
will:
1. Recruit foster care providers and evaluate the homes' suitability to meet the individual and
specialized needs of children in foster care, including identifying providers who support
cultural diversity and inclusion;
2. License foster care providers according to North Dakota Century Code chapter 50-11 and
North Dakota Administrative Code chapter 75-03-14;
3. Place children in foster care in licensed foster care provider homes;
4. Make available, and ensure foster care providers complete orientation and required training;
5. Provide ongoing supervision to ensure foster care providers have the training necessary to
provide quality care; and
6. Ensure foster care providers have the necessary support from the child-placing agency and
custodial agency.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-11-03, 50-11-04, 50-12-05

### § 75-03-36-39. Foster care - Placements.

The child-placing agency shall create and maintain written policy outlining how the child-placing
agency will evaluate placement decisions. The evaluation must consider initial and ongoing
assessment of the appropriateness of the placement. The evaluation must include:
1. The identification of the appropriate foster care provider to meet the child's needs;
2. The child's view of the placement;
3. The foster care provider's commitment to the child's best interests;
4. The foster care provider's ability and willingness to accept and support the biological family;
and
5. Evidence that the placement supports maintaining family and sibling connections, visitation,
educational, religious, spiritual, and cultural needs.
History: Effective April 1, 2010; amended effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-11-03, 50-12-08
### § 75-03-36-40. Service delivery.

Repealed effective April 1, 2024.
### § 75-03-36-41. Rights of the foster child.

Repealed effective April 1, 2024.
### § 75-03-36-42. Variance.

Upon written application and good cause shown to the satisfaction of the department, the
department may grant a variance regarding a specific provision of this chapter upon such terms as the
department may prescribe, except no variance may permit or authorize a danger to the health or safety
of any child provided care by the child-placing agency and no variance may be granted except at the
discretion of the department. A child-placing agency shall submit a written request to the department
justifying the variance. A refusal to grant a variance is not subject to appeal.
History: Effective April 1, 2024.
General Authority: NDCC 50-11-03, 50-12-02, 50-12-05
Law Implemented: NDCC 50-11-03, 50-12-02, 50-12-05
