# Title 75 — Department of Human Services

## Article 75-03 — Community Services

## Chapter 75-03-07.1 — Self‑Declaration Providers Early Childhood Services

### § 75-03-07.1-00.1. Definitions.

The terms used in this chapter have the same meanings as in North Dakota Century Code section
50-11.1-02. In addition, as used in this chapter:
1. "Annual" is defined as the provider's approved self-declaration year.
2. "Application" means all forms the department requires when applying or reapplying for a self-
declaration.
3. "Aquatic activity" means an activity in or on a body of water, either natural or manmade,
including rivers, lakes, streams, swimming pools, and water slides.
4. "Attendance" means the total number of children present at any one time.
5. "Child with special needs" means a child whose medical providers have determined that the
child has or is at risk for chronic physical, developmental, behavioral, or emotional conditions.
6. "Emergency designee" means an individual designated by a provider to be a backup staff
member for emergency assistance or to provide substitute care.
7. "Infant" means a child who is less than twelve months of age.
8. "Provider" means the holder of a self-declaration document.
9. "Supervision" means a provider or emergency designee responsible for caring for or teaching
children being within sight or hearing range of an infant, toddler, or preschooler at all times so
that the provider or emergency designee is capable of intervening to protect the health and
safety of the child. For the school-age child, it means a provider or emergency designee
responsible for caring for or teaching children being available for assistance and care so that
the child's health and safety is protected.
History: Effective January 1, 2011; amended effective April 1, 2016; January 1, 2022; January 1, 2023.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-02, 50-11.1-08, 50-11.1-17

### § 75-03-07.1-01. Fees.

Repealed effective January 1, 2011.
### § 75-03-07.1-02. Self-declaration standards - Application.

1. An applicant for a self-declaration document shall submit the application to the department in
which the applicant proposes to provide early childhood services. An application, including a
department-approved authorization for background check for household members age twelve
and older, an emergency designee, and an applicant, and an application for a fingerprint-
based criminal history record check for the applicant and emergency designee, must be made
in the form and manner prescribed by the department.
2. The current self-declaration document must be displayed prominently in the premises to which
it applies.
3. A provisional self-declaration document may be issued:
a. The department may issue a provisional self-declaration document although the
applicant or provider fails to, or is unable to, comply with all applicable standards and
rules of the department.
b. A provisional self-declaration document must:
(1) State that the provider has failed to comply with all applicable standards and rules of
the department;
(2) State the items of noncompliance;
(3) Expire at a set date, not to exceed six months from the date of issuance; and
(4) Be exchanged for an unrestricted self-declaration document, which bears an
expiration date of one year from the date of issuance of the provisional
self-declaration document, after the applicant or provider demonstrates compliance,
satisfactory to the department, with all applicable standards and rules.
c. The department may issue a provisional self-declaration document only to an applicant
or provider who has waived, in writing:
(1) The right to a written statement of charges as to the reasons for the denial of an
unrestricted self-declaration document; and
(2) The right to an administrative hearing, in the manner provided in North Dakota
Century Code chapter 28-32, concerning the nonissuance of an unrestricted
self-declaration document, either at the time of application or during the period of
operation under a provisional self-declaration document.
d. Any provisional self-declaration document issued must be accompanied by a written
statement of violations signed by the department and must be acknowledged in writing
by the provider.
e. Subject to the exceptions contained in this section, a provisional self-declaration
document entitles the provider to all rights and privileges afforded the provider of an
unrestricted self-declaration document.
f. The provider shall display prominently the provisional self-declaration document and
agreement.

g. The provider shall provide parents written notice that the provider is operating on a
provisional self-declaration document and the basis for the provisional self-declaration
document.
4. The provider shall be directly responsible for the care, supervision, and guidance of the
children.
a. The provider:
(1) Must be at least eighteen years of age;
(2) Shall provide an environment that is physically and socially adequate for the
children; and that the provider is of good physical, cognitive, social, and emotional
health and shall use mature judgment when making decisions impacting the quality
of child care;
(3) Shall devote adequate time and attention to the children in the provider's care;
(4) Shall provide food of sufficient quantity and nutritious quality in accordance with the
United States department of agriculture standards which satisfies the dietary needs
of the children while in the provider's care;
(5) Shall provide proper care and protection for children in the provider's care;
(6) May not use or be under the influence of, and will not allow any household member
or emergency designee to use or be under the influence of any illegal drugs or
alcoholic beverages while caring for children;
(7) May not leave children without supervision;
(8) Shall verify that the child has received all immunizations appropriate for the child's
age, as prescribed by the public health division of the department, or have on file a
document stating that the child is medically exempt or exempt from immunizations
based on religious, philosophical, or moral beliefs;
(9) Shall report immediately, as a mandated reporter, suspected child abuse or neglect
as required by North Dakota Century Code section 50-25.1-03;
(10) Shall provide a variety of games, toys, books, crafts, and other activities and
materials to enhance the child's intellectual and social development and to broaden
the child's life experience. Each provider shall have enough play materials and
equipment so that at any one time each child in attendance may be involved
individually or as a group;
(11) Shall ensure a current health assessment or a health assessment statement
completed by the parent is obtained at the time of initial enrollment of the child,
which must indicate any special precautions for diet, medication, or activity. This
assessment must be completed annually;
(12) Shall ensure a child information form completed by the parent is obtained at the
time of initial enrollment of the child and annually thereafter;
(13) Shall certify completion of a department-approved basic child care course within
ninety days of being approved as a provider;
(14) Shall be currently certified in infant and pediatric cardiopulmonary resuscitation and
the use of an automated external defibrillator by the American heart association,

American red cross, or other similar cardiopulmonary resuscitation and automated
external defibrillator training programs that are approved by the department;
(15) Shall be currently certified in pediatric first aid by a program approved by the
department;
(16) Shall complete a minimum of three hours of department-approved training annually,
including one hour on safe sleep prior to provider providing care to infants and one
hour on mandated reporter of suspected child abuse or neglect. The same training
courses may be counted toward self-declaration annual requirements only if at least
three years has passed since the last completion date of that training course, with
the exception of safe sleep and mandated reporter annual training;
(17) Shall ensure the emergency designee is currently certified in infant and pediatric
cardiopulmonary resuscitation and the use of an automated external defibrillator by
the American heart association, American red cross, or other similar
cardiopulmonary resuscitation and automated external defibrillator training
programs that are approved by the department;
(18) Shall ensure the emergency designee is currently certified in pediatric first aid by a
program approved by the department;
(19) Shall ensure the emergency designee certifies completion of a department-
approved basic child care course within ninety days;
(20) Shall ensure that the emergency designee completes required department-
approved training annually, including one hour on safe sleep prior to emergency
designee providing care to infants and one hour on mandated reporter of suspected
child abuse or neglect;
(21) Shall release a child only to the child's parent, legal custodian, guardian, or an
individual who has been authorized by the child's parent, legal custodian, or
guardian;
(22) Shall report to the department within twenty-four hours:
(a) A death or serious accident or illness requiring hospitalization of a child while in
the care of the self-declaration provider or attributable to care received by the
self-declaration provider;
(b) An injury to any child which occurs while the child is in the care of the
self-declaration provider and which requires medical treatment;
(c) Poisonings or errors in the administration of medication;
(d) Closures or relocation of self-declaration program due to emergencies; and
(e) Fire that occurs or explosions that occur in or on the premises of the
self-declaration provider;
(23) Shall secure written permission and follow proper instructions as to the
administration of medication.
(a) Medication prescribed by a medical provider must be accompanied by the
medical provider's written instructions as to dosage and storage and labeled
with the child's name and date.
(b) The provider shall store medications in an area inaccessible to children.

(c) Medications stored in a refrigerator must be stored collectively in a spillproof
container.
(d) The provider shall keep a written record of the administration of medication,
including over-the-counter medication, for each child. Records must include
the date and time of each administration, the dosage, the name of the staff
member administering the medication, and the name of the child. Completed
medication records must be included in the child's record; and
(24) Shall notify parents, legal custodians, or guardians of child's exposure to a
presumed or confirmed reportable infectious disease. b. The
provider shall ensure that discipline will be constructive or educational in nature and
may include diversion, separation from the problem situation, talking with the child
about the situation, praising appropriate behavior, or gentle physical restraint such
as holding. A child may not be subjected to physical harm or humiliation. Disregard
of any of the following disciplinary rules or any disciplinary measure resulting in
physical or emotional injury or neglect or abuse to any child is grounds for denial or
revocation of a self-declaration document.
(1) A child may not be kicked, punched, spanked, shaken, pinched, bitten, roughly
handled, struck, mechanically restrained, or physically maltreated by the provider,
emergency designee, household member, or any other adult in the residence.
(2) Authority to discipline may not be delegated to or be administered by children.
(3) Separation, when used as discipline, must be appropriate to the child's development
and circumstances, and the child must be in a safe, lighted, well-ventilated room
within sight or hearing range of an adult. A child may not be isolated in a locked
room or closet.
(4) A child may not be punished for lapses in toilet training.
(5) A provider may not use verbal abuse or make derogatory remarks about the child,
or the child's family, race, or religion when addressing a child or in the presence of a
child.
(6) A provider may not use profane, threatening, unduly loud, or abusive language in
the presence of a child.
(7) A provider may not force-feed a child or coerce a child to eat unless medically
prescribed and administered under a medical provider's care.
(8) A provider may not use deprivation of snacks or meals as a form of discipline or
punishment.
(9) A provider may not force a child to ingest substances that would cause pain or
discomfort, for example, placing soap in a child's mouth to deter the child from biting
other children.
(10) A provider may not withhold active play from a child as a form of discipline or
punishment, beyond a brief period of separation.
c. The provider shall ensure that a working smoke detector is properly installed and in good
working order on each floor used by children.
d. The provider shall ensure that a fire extinguisher that is inspected annually is properly
installed, is in good working order, and is located in the area used for child care.

e. The provider shall ensure that a working telephone is located in the location used for
child care. Current emergency numbers for parents and first responders must be posted.
f. When transportation is provided by a provider, children must be protected by adequate
supervision, safety precautions, and liability insurance.
(1) Drivers must be eighteen years of age or older and must comply with all relevant
federal, state, and local laws, including child restraint laws.
(2) A child must not be left unattended in a vehicle.
g. Aquatic activities:
(1) The provider shall have policies that ensure the health and safety of children in care
while participating in aquatic activities, including types of aquatic activities the self-
declaration program may participate in, staff-to-child ratios appropriate to the ages
and swimming ability of the children participating in aquatic activities, and additional
safety precautions to be taken.
(2) The provider may not permit any child to participate in an aquatic activity without
written parental permission, which includes parent disclosure of the child's
swimming ability.
5. Potential hazards, such as guns, household cleaning chemicals, uninsulated wires, medicines,
noncovered electrical outlets, poisonous plants, and open stairways must not be accessible to
children. Guns and ammunition must be kept in separate locked storage, or trigger locks must
be used. Other weapons and dangerous sporting equipment, such as bows and arrows, must
not be accessible to children.
6. The provider shall ensure the self-declaration program has a drinking water supply from an
approved community water system or from a source tested and approved annually by the
department of environmental quality.
7. If the physical, cognitive, social, or emotional health capabilities of an applicant or provider
appear to be questionable, the department may require that the individual present evidence of
capability to provide the required care based on a formal evaluation. The department is not
responsible for costs of any required evaluation.
8. A self-declaration document is only effective for one year.
History: Effective June 1, 1995; amended effective January 1, 2011; January 1, 2013; April 1, 2016;
April 1, 2018; July 1, 2020; January 1, 2022; January 1, 2023; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-07, 50-11.1-08, 50-11.1-16, 50-11.1-17
### § 75-03-07.1-03. Smoke-free environment.

Repealed effective January 1, 2011.
### § 75-03-07.1-04. One per residence - Nontransferability of self-declaration and emergency

designee.
1. The department may not authorize more than one in-home registration, self-declaration, or
license per residence. A residence means real property that is typically used as a single family
dwelling.

2. The applicant may identify one emergency designee for the self-declaration at the time of the
application. The emergency designee must be at least eighteen years old and must be
approved by the department.
3. The provider shall be on the premises supervising the children at all times when children are
present, except in situations during which the emergency designee is providing care.
4. The self-declaration is nontransferable to another residence.
History: Effective June 1, 1995; amended effective January 1, 2011; January 1, 2013; April 1, 2018.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-16, 50-11.1-17
### § 75-03-07.1-05. Appeals.

An applicant for a self-declaration document or a provider has the right to appeal a decision to deny
or revoke a self-declaration document. A written appeal must be postmarked or received by the
department within ten calendar days of the applicant's or provider's receipt of written notice of the
decision to deny or revoke the document. Upon receipt of a timely appeal, an administrative hearing
must be conducted in the manner prescribed by chapter 75-01-03.
History: Effective June 1, 1995; amended effective January 1, 2011; April 1, 2016.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-10
### § 75-03-07.1-06. Denial or revocation of self-declaration document.

1. The right to provide early childhood services is dependent upon the applicant's or provider's
continuing compliance with the terms of the application as listed in section 75-03-07.1-02.
2. A fraudulent or untrue representation is grounds for revocation or denial.
3. a. The applicant, self-declaration provider, emergency designee, and household members
may not have been found guilty of, pled guilty to, or pled no contest to:
(1) An offense described in North Dakota Century Code chapter 12.1-16, homicide;
12.1-18, kidnapping; 12.1-27.2, sexual performances by children; or 12.1-41,
Uniform Act on Prevention of and Remedies for Human Trafficking; or in North
Dakota Century Code section 12.1-17-01, simple assault; 12.1-17-01.1, assault;
12.1-17-01.2, domestic violence; 12.1-17-02, aggravated assault; 12.1-17-03,
reckless endangerment; 12.1-17-04, terrorizing; 12.1-17-06, criminal coercion;
12.1-17-07, harassment; 12.1-17-07.1, stalking; 12.1-17-12, assault or homicide
while fleeing a police officer; 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;
12.1-21-01, arson; 12.1-22-01, robbery; 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;
14-09-22, abuse of child; or 14-09-22.1, neglect of child;
(2) 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 paragraph 1; or
(3) An offense, other than an offense identified in paragraph 1 or 2, if the department
determines that the individual has not been sufficiently rehabilitated. 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.
b. The department has determined that the offenses enumerated in paragraphs 1 and 2 of
subdivision a have a direct bearing on the applicant's, provider's, or emergency
designee's ability to serve the public in a capacity as a provider or emergency designee.
c. In the case of a misdemeanor offense described in North Dakota Century Code sections
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; in the case of a class B
misdemeanor offense described North Dakota Century Code section 12.1-17-01.2,
domestic violence; 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, without subsequent conviction.
4. A provider shall submit an application for a fingerprint-based criminal history record check at
the time of application and within five years from the date of initial approval and at least once
every five years thereafter. The provider shall ensure that each emergency designee submits
an application for a fingerprint-based criminal history record check upon hire and within five
years from the date of initial approval and at least once every five years thereafter. 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 shall submit a request to the bureau of criminal
investigation for a nationwide name-based criminal history record check.
5. Review of fingerprint-based criminal history record check results.
a. If an individual disputes the results of the criminal history record 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
department's memo outlining 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. 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.
c. 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.
6. A provider shall ensure safe care for the children receiving services in the provider's
residence. If a confirmed decision made under North Dakota Century Code chapter 50-25.1 or
a similar finding in another jurisdiction which requires proof of substantially similar elements
exists indicating that a child has been abused or neglected by an applicant, provider,
emergency designee, or household member, that decision has a direct bearing on the
applicant's or provider's ability to serve the public in a capacity involving the provision of child
care, and the application or self-declaration document may be denied or revoked.
a. If a confirmed determination under North Dakota Century Code chapter 50-25.1 or a
similar finding in another jurisdiction which requires proof of substantially similar
elements exists indicating that any child has been abused or neglected by the applicant,
provider, emergency designee, or household member, the applicant or provider shall

furnish information to the department, from which the department can determine the
applicant's, provider's, or emergency designee's ability to provide care that is free of
abuse or neglect. The department shall furnish the determination of ability to the
applicant or provider.
b. Each applicant, provider, and emergency designee shall complete, and the provider shall
submit to the department, a department-approved authorization for background check
form no later than the first day of employment.
c. Household members age twelve and older shall complete, and the provider shall submit
to the department, a department-approved authorization for background check form at
the time of application or upon obtaining residence at the location of the self-declaration
program.
History: Effective June 1, 1995; amended effective January 1, 2011; January 1, 2013; April 1, 2014;
April 1, 2016; April 1, 2018; July 1, 2020; January 1, 2022; January 1, 2023; April 1, 2024.
General Authority: NDCC 50-11.1-08, 50-11.1-09
Law Implemented: NDCC 50-11.1-06.2, 50-11.1-08, 50-11.1-09, 50-11.1-16, 50-11.1-17
### § 75-03-07.1-07. Minimum sanitation requirements.

1. The provider shall operate according to the recommendations by the federal centers for
disease control and prevention, including washing hands, before preparing or serving meals,
after diapering, after using toilet facilities, and after any other procedure that may involve
contact with bodily fluids. Hand soap and single-use or individually designated cloth towels or
paper towels must be available at each sink. Clean towels must be provided at least daily.
2. The provider shall ensure that the residence, grounds, and equipment are located, cleaned,
and maintained to protect the health and safety of children. The provider shall establish
routine cleaning procedures to protect the health of the children.
3. Pets and animals.
a. The provider shall ensure that only small pets that are contained in an aquarium or other
approved enclosed container, cats, and dogs are present in areas occupied by children.
Wire cages are not approved containers. Other indoor pets and animals must be
restricted by a solid barrier and must not be accessible to children. The department may
restrict any pet or animal from the premises that may pose a risk to children and may
approve additional pets that do not pose a health or safety risk to children.
b. The provider shall ensure that animals are maintained in good health and are
appropriately immunized. Pet immunizations must be documented with a current
certificate from a veterinarian.
c. The provider shall ensure parents are aware of the presence of pets and animals in the
self-declaration program.
d. The provider shall notify parents immediately if a child is bitten or scratched and skin is
broken.
e. The provider shall ensure that all contact between pets and children is closely
supervised. The provider shall immediately remove the pet if the pet or animal shows
signs of distress or the child shows signs of treating the pet or animal inappropriately.
f. The provider shall ensure that pets, pet feeding dishes, cages, and litter boxes are not
present in any food preparation, food storage, or serving areas. The provider shall

ensure that pet and animal feeding dishes and litter boxes are not placed in areas
accessible to children.
g. The provider shall ensure that indoor and outdoor areas accessible to children must be
free of animal excrement.
h. The provider shall ensure that the self-declaration program is in compliance with all
applicable state and local ordinances regarding the number, type, and health status of
pets or animals.
History: Effective January 1, 2011; amended effective April 1, 2018; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-08, 50-11.1-16, 50-11.1-17
### § 75-03-07.1-08. Infant care.

1. Environment and interactions.
a. A provider serving children from birth to twelve months shall provide an environment
which protects the children from physical harm.
b. The provider shall ensure that each infant receives positive stimulation and verbal
interaction such as being held, rocked, talked with, or sung to.
c. The provider shall respond to comfort an infant's or toddler's physical and emotional
distress:
(1) Especially when indicated by crying or due to conditions such as hunger, fatigue,
wet or soiled diapers, fear, teething, or illness; and
(2) Through positive actions such as feeding, diapering, holding, touching, smiling,
talking, singing, or eye contact.
d. The provider shall ensure that infants have frequent and extended opportunities during
each day for freedom of movement, including creeping or crawling in a safe, clean, open,
and uncluttered area.
e. The provider shall take children outdoors or to other areas within the self-declaration
program for a part of each day to provide some change of physical surroundings and to
interact with other children.
f. The provider shall ensure that infants are not shaken or jostled.
g. The provider shall ensure that low chairs and tables, high chairs with trays, or other
age-appropriate seating systems are provided for mealtime for infants no longer being
held for feeding. High chairs, if used, must have a wide base and a safety strap.
h. The provider shall ensure that thermometers, pacifiers, teething toys, and similar objects
are cleaned and sanitized between uses. Pacifiers may not be shared.
2. Feeding.
a. The provider shall ensure that infants are provided developmentally appropriate nutritious
foods. Only breast milk or iron-fortified infant formula may be fed to infants less than six
months of age, unless otherwise instructed by the infant's parent or medical provider in
writing.

b. The provider shall ensure that infants are fed only the specific brand of iron-fortified infant
formula requested by the parent. The provider shall use brand-specific mixing
instructions unless alternative mixing instructions are directed by a child's medical
provider in writing.
c. The provider shall ensure that mixed formula that has been unrefrigerated more than one
hour is discarded.
d. The provider shall ensure that frozen breast milk is thawed under cool running tap water
or in the refrigerator in amounts needed. Unused, thawed breast milk must be discarded
or given to the parent within twenty-four hours.
e. The provider shall ensure that an infant is not fed by propping a bottle.
f. The provider shall ensure that cereal and other nonliquids or suspensions are only fed to
an infant through a bottle on the written orders of the child's medical provider.
g. The provider shall be within sight and hearing range of an infant during the infant's
feeding or eating process.
3. Diapering.
a. The provider shall ensure that there is a designated cleanable diapering area, located
separately from food preparation and serving areas in the child care if children requiring
diapering are in care.
b. The provider shall ensure that diapers are changed promptly when needed and in a
sanitary manner.
c. Diapers must be changed on a nonporous surface area which must be cleaned and
disinfected after each diapering.
d. The provider shall ensure that soiled or wet diapers are stored in a sanitary, covered
container separate from other garbage and waste until removed from the child care.
4. Sleeping.
a. The provider shall ensure that infants are placed on their back initially when sleeping to
lower the risk of sudden infant death syndrome, unless the infant's parent has provided a
note from the infant's medical provider specifying otherwise. The infant's face must
remain uncovered when sleeping.
b. The provider shall ensure that infants sleep in a crib with a firm mattress or in a portable
crib with the manufacturer's pad that meets consumer product safety commission
standards.
c. The provider shall ensure that if an infant falls asleep while not in a crib or portable crib,
the infant must be moved immediately to a crib or portable crib, unless the infant's parent
has provided a note from the infant's medical provider specifying otherwise.
d. Water beds, adult beds, sofas, pillows, soft mattresses, and other soft surfaces are
prohibited as infant sleeping surfaces.
e. The provider shall ensure that all items are removed from and that no toys or objects are
hung over or attached to the crib or portable crib when an infant is sleeping or preparing
to sleep. With written parental permission, the provider may place one individual infant
blanket or sleep sack, a pacifier, and a security item that does not pose a risk of

suffocation to the infant in the crib or portable crib while the infant is sleeping or
preparing to sleep.
f. The provider shall ensure that mattresses and sheets are properly fitted. The provider
shall ensure that sheets and mattress pads are changed whenever they become soiled
or wet, when cribs are used by different infants, or at least weekly.
g. The provider shall check on sleeping infants regularly and have a monitor in the room
with sleeping infants, unless the provider or an emergency designee is in the room with
the infants while the infants are sleeping.
History: Effective January 1, 2011; amended effective January 1, 2013; April 1, 2016; April 1, 2018;
April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-08, 50-11.1-16, 50-11.1-17
### § 75-03-07.1-09. Minimum requirements for the care of children with special needs.

A provider shall make appropriate provisions, as required by the Americans with Disabilities Act, to
meet the needs of children with special needs. The provider shall receive documentation of the child's
special needs by the parent upon the child's enrollment.
1. When a child with special needs is admitted, the provider shall consult with the child's parents,
and with the parent's permission, the child's source of professional health care or, when
appropriate, other health and professional consultants, to gain an understanding of the child's
individual needs. The provider shall receive a written health care plan from the child's medical
provider or parent with information related to the child's special needs, such as a description,
definition of the diagnosis, and general information for emergency and required care such as
usual medications and procedures.
2. The provider shall ensure that emergency designees responsible for caring for or teaching
children receive proper instructions as to the nature of the child's disability and potential for
growth and development.
History: Effective January 1, 2011; amended effective April 1, 2016.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-08, 50-11.1-16, 50-11.1-17
### § 75-03-07.1-10. Correction of violations.

1. A provider shall correct violations noted in a correction order within the following times:
a. For a violation of subsection 24 of North Dakota Century Code section 50-11.1-02, North
Dakota Century Code section 50-11.1-02.2, paragraph 5 or 7 of subdivision a of
subsection 3 of section 75-03-07.1-02, subdivision b of subsection 3 of section
75-03-07.1-02, or subsection 4 of section 75-03-07.1-02, or section 75-03-07.1-08, within
twenty-four hours.
b. For a violation of subdivision g or h of subsection 1 of North Dakota Century Code
section 50-11.1-17 or all other deficiencies of chapter 75-03-07.1, within twenty days.
2. All periods of correction begin on the date of the receipt of the correction order by the provider.
3. The department may grant an extension of additional time to correct violations, up to a period
of one-half the original allowable time allotted. An extension may be granted upon application
by the provider and a showing that the need for the extension is created by unforeseeable
circumstances and the provider has diligently pursued the correction of the violation.

4. The provider shall furnish a written notice to the department upon completion of the required
corrective action. The correction order remains in effect until the department confirms the
corrections have been made.
5. The provider shall notify the parent of each child receiving care at the residence and each
emergency designee how to report a complaint or suspected rule violation.
6. Within ten business days of mailing or within three days of electronic transmission of the
correction order, the provider shall notify the parents of each child receiving care by this
provider that a correction order has been issued. In addition to providing notice to the parent
of each child, the provider also must post the correction order in a conspicuous location within
the residence until the violation has been corrected or five days, whichever is longer.
7. A provider who has been issued a correction order must be reinspected at the end of the
period allowed for correction. If, upon reinspection, it is determined that the provider has not
corrected a violation identified in the correction order, the department shall mail or send by
electronic mail a notice of noncompliance with the correction order to the provider. The notice
must specify the violations not corrected and the penalties assessed in accordance with North
Dakota Century Code section 50-11.1-07.5.
8. Refutation process for a correction order:
a. A self-declared provider may refute a correction order by submitting a refutation request
in writing on the form provided by the department within five calendar days of receiving
the correction order.
b. The department shall respond to written refutations within five business days of receipt.
History: Effective January 1, 2011; amended effective January 1, 2013; April 1, 2014; April 1, 2016;
July 1, 2020; January 1, 2022; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-07, 50-11.1-07.1, 50-11.1-07.2, 50-11.1-08
### § 75-03-07.1-11. Fiscal sanctions.

1. The department shall assess a fiscal sanction of twenty-five dollars per day for each violation
of North Dakota Century Code chapter 50-11.1; subdivision b, c, d, or e of subsection 3 of
section 75-03-07.1-02; or subsection 4 of section 75-03-07.1-02 for each day that the provider
has not verified correction, after the allowable time for correction of violations ends.
2. The department shall assess fiscal sanction of five dollars per day for each violation of any
other provision of this chapter for each day that the provider has not verified correction, after
the allowable time for correction of violations ends.
History: Effective January 1, 2011; amended effective January 1, 2013.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-07.4, 50-11.1-07.5, 50-11.1-08
### § 75-03-07.1-12. Restricted self-declaration.

The department may issue a restricted self-declaration:
1. To restrict an individual's presence when children are in child care;
2. To restrict a pet or animal from areas accessible to children; or
3. When necessary to inform the parents that the provider is restricted to operating in certain
rooms or floors of the residence or from using specified outdoor space of the residence.

History: Effective April 1, 2016.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04
### § 75-03-07.1-13. Minimum emergency disaster plans.

1. Each self-declared provider shall establish and post an emergency disaster plan for the safety
of the children in care. Written disaster plans must be developed in cooperation with local
emergency management agencies. The plan must include:
a. Emergency procedures, including the availability of emergency food, water, and first aid
supplies;
b. Procedures for evacuation, relocation, shelter-in-place, and lockdown;
c. Communications and reunification with families;
d. Continuity of operations; and
e. Accommodations for infants, toddlers, children with disabilities, and children with chronic
medical conditions.
2. Fire and emergency evacuation drills must be performed monthly.
History: Effective April 1, 2018; amended effective January 1, 2022.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-17
