# Title 75 — Department of Human Services

## Article 75-03 — Community Services

## Chapter 75-03-14.1 — Shelter Care Program Certification

Employment or Placement by Agency
### § 75-03-14.1-01. Definitions.

1. "Agency" means the entity applying for or receiving a shelter care program certification.
2. "Attendant care" means a site for juveniles who are cited or citable by law enforcement and
need constant short-term supervision on a preadjudicatory basis.
3. "Incident" means an event involving the resident and law enforcement and includes runaway
status, criminal activity, behavior resulting in harm to others, harassment, violence, and
discrimination.
4. "Resident" means a child age ten to eighteen years old in need of temporary safe out-of-home
placement.
5. "Sentinel event" means a serious injury or trauma to a resident, attempted suicide by the
resident, death of a resident, or inappropriate sexual contact involving a resident.
6. "Shelter care home" means a licensed foster home that has agreed to provide temporary
shelter care to a resident in need of emergency placement and is available twenty-four hours
per day.
7. "Shelter care program" means a nonsecure permanent dwelling run by an agency with
certification obtained by the department, where employees offer safe shelter, food, and
structured routine and is available twenty-four hours a day to a resident in need of emergency
placement, not to exceed seven days, unless otherwise approved by the department.
History: Effective January 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-02. Shelter care program certification.

1. An agency may not apply for a shelter care program certification until the department has
reviewed the need for additional shelter care programs. To enable the department to make a
determination of need for a new shelter care program, the potential applicant shall submit an
initial request for application, including the following documentation and information to the
department:

a. The number, gender, and age range of the residents to be served;
b. The employee staffing, including a list of full-time and part-time positions by job titles and
description;
c. A description of the proposed program;
d. A proposed budget; and
e. The geographic location of the shelter care program.
2. Upon receipt of initial request for application, the department shall:
a. Review the detailed plan for the operation proposed by the agency;
b. Ask for additional materials or information necessary for evaluation of need purposes;
c. Respond in writing within thirty days of receipt of all required information from the
potential agency;
d. Send written notice of determination of need. The notice must state the specific reason
for the determination. If the department determines there is need for additional shelter
care program beds, the notice must be accompanied by an authorization for the agency
to apply for certification to operate a shelter care program; and
e. Inform the potential agency of what is required to move forward with the application
process.
3. A shelter care home may not apply for a shelter care program certification as it does not
qualify as an agency.
4. If an agency receives an authorization to apply for a shelter care program certification, the
agency shall submit its application in the form and manner prescribed by the department.
5. Shelter care program certification applications must include the following documentation or
information:
a. A detailed plan for the operation of the shelter care program;
b. Physical location and address of the shelter care program;
c. A copy of the shelter care program floor plan with dedicated sleeping spaces;
d. A list of current employees, background check dates, annual child abuse and neglect
checks, and full-time and part-time status and job titles;
e. A copy of the shelter care program's general comprehensive liability insurance;
f. A copy of the shelter care program's vehicular insurance for transportation purposes; and
g. Inspection reports.
6. Shelter care program certification is nontransferable and is valid only on the premises and for
the specified number of residents indicated on the shelter care program certification, unless
otherwise approved by the department.
7. An agency shall submit a new application for a shelter care program certification when there is
a change in ownership.

8. Shelter care program certification is available for a maximum period of two years.
9. Shelter care program certification requires an agency to submit an annual application to the
department, which will initiate an annual onsite visit.
History: Effective January 1, 2022; amended effective April 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-03. Shelter care program rate.

The department shall establish the fee for service for shelter care programs. The shelter care
program shall enter a financial contract with the department and other eligible referral agencies seeking
placement into the shelter care program.
History: Effective January 1, 2022; amended effective April 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-04. Shelter care program operations.

The shelter care program shall:
1. Ensure the shelter care program is funded, staffed, and equipped in a manner required for the
provision of services;
2. Provide the most recent fiscal year end financial record to the department, upon request;
3. Employ a qualified supervisor of shelter care program operations to oversee program
operations, policy, and employee and nonemployee performance;
4. Provide twenty-four-hour supervision for all residents residing in the shelter care program;
5. Provide access to an on-call twenty-four-hour crisis line by which employees may be reached
in the event of an emergency placement;
6. Establish policy and procedures specific to operations of a shelter care program, including:
a. Policy defining residents served in the shelter care program. The shelter care program
shall define the parameters of each population of residents served. The shelter care
program shall have a policy to ensure the safety of all residents and allow adequate
space to properly separate residents who are children in need of protection from children
who engage in delinquent acts;
b. Policy addressing supervision requirements of residents by employees during each shift,
to include:
(1) Awake hours; and
(2) Overnight hours, requiring awake employees to check on residents at a minimum of
every fifteen minutes, and more frequently if the acuity of the resident demands
greater supervision;
c. Nondiscrimination policy;
d. Medication dispensing;
e. Resident search criteria;

f. At-risk behaviors and protocol surrounding accepting and caring for a resident who has
been drinking or using drugs; and
g. Process for contacting law enforcement or emergency contacts, as needed;
7. Establish disaster planning, including protocol for when the shelter care program experiences:
a. Power outage;
b. Fire;
c. Winter blizzard conditions;
d. Flood; or
e. Tornado;
8. Establish a policy to ensure proper and efficient procedure in the event the shelter care
program would cease operations, including:
a. Notification to the department at least sixty days before closure;
b. Notification to community partners at least thirty days before closure; and
c. Identification of a depository in North Dakota to maintain the retention of the shelter care
program's fiscal, employee, nonemployee, and resident files;
9. Notify the department, in writing, of the corrective action the shelter care program has taken,
or plans to take, to comply with any resulting recommendations from the institutional child
protection team. The shelter care program shall make assurances that revised practice will
reduce the risk of the incident or sentinel event reoccurring. The shelter care program shall
respond within thirty days of receiving written notification of the indicated determination; and
10. Establish written policies specifying how to proceed if a current or former employee or
nonemployee is known to be:
a. Involved in any capacity in a reported incident of institutional child abuse or neglect;
b. Involved in any capacity in a reported incident of suspected child abuse or neglect;
c. The subject in a child abuse or neglect report that occurred outside the facility, for which
the subject has been confirmed to have abused or neglected a child; or
d. Found guilty of, pled guilty to, or pled no contest to a criminal offense.
History: Effective January 1, 2022; amended effective April 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-05. Employees and nonemployees.

1. The shelter care program clearly shall define, in writing, the roles and responsibilities of the
employees and nonemployees assuring the health and safety of the resident and coordination
of the resident's safe return to the custodian, parent, or guardian.
2. The shelter care program shall establish policy and procedures for employee and
nonemployee roles and responsibilities, including:

a. Initial fingerprint-based criminal background checks for employees and a criminal
background check for nonemployees;
b. Annual child abuse and neglect checks;
c. Job descriptions; and
d. Assigned shifts and protocol for shift changes.
3. A shelter care program shall hire a supervisor of shelter care program operations and the
supervisor:
a. Must have a bachelor's degree in business or public administration, social work,
behavioral science, or a human services field and have two years of related work
experience in administration;
b. Shall ensure the shelter care program has written policy and procedure;
c. Shall oversee daily operations;
d. Shall administer admission and discharge criteria; and
e. Shall provide adequate supervision to all employees and nonemployees.
4. A shelter care program shall hire employees and the employees:
a. Must be at least twenty years of age;
b. Must have a high school diploma or equivalent;
c. Shall assure and be devoted to the health and safety of each resident in placement and
coordination of the resident's safe return to the custodian, parent, or guardian;
d. Shall achieve the competencies necessary to meet the needs and engage appropriately
with each resident in placement;
e. Shall prepare meals;
f. Shall organize activities and structure a daily routine for the resident in placement; and
g. Shall document a daily activity log to share with the custodian, parent, or guardian.
5. A shelter care program shall ensure there are adequate employees working to meet the
minimum employee-to-resident ratios, including:
a. A rotating on-call employee who must be available twenty-four hours a day, seven days a
week; and
b. Regardless of awake or overnight hours, the shelter care program must have no fewer
than one employee for each six residents in placement.
6. A shelter care program, utilizing nonemployees, shall:
a. Ensure nonemployees are at least twenty years of age;
b. Develop and provide a copy of a description of nonemployee duties and specified
responsibilities;
c. Designate an employee to supervise and evaluate nonemployees;

d. Develop a plan for the orientation and training of nonemployees, including the philosophy
of the shelter care program and the needs of the residents and the residents' families;
e. Develop a policy stating nonemployees may support employees, but may not depend on
nonemployees to carry out the duties of the certified shelter care program on a
permanent basis;
f. Develop a policy stating nonemployees may be counted as an employee for purposes of
employee-to-resident ratio requirements imposed by this chapter, if all equivalent training
requirements are met;
g. Develop a policy stating nonemployees shall create records of incidents that occur during
their presence at the shelter care program to the same extent employees are required to
create such records; and
h. Conduct a criminal background check on all nonemployees with direct contact with
residents.
7. The shelter care program shall maintain a file on each employee; including:
a. Employment application, including a record of previous employment;
b. Results of an initial fingerprint-based criminal background check and subsequent
background checks as determined necessary;
c. Results of the initial child abuse or neglect record, and annually thereafter;
d. A job description specifying the employee's roles and responsibilities;
e. A statement signed by the employee acknowledging the confidentiality policy;
f. Documentation of an annual training record detailing the date, topic, and length of
presentation; and
g. Evidence of the employee having read and received a copy of the law and shelter
program procedures requiring the reporting of suspected child abuse and neglect, initially
upon hire and annually thereafter.
8. The shelter care program shall maintain a file on each nonemployee, including:
a. Personal identification information;
b. The results of a criminal background check, motor vehicle operator's license record, as
applicable, and child abuse or neglect record;
c. A description of duties;
d. Orientation and training records consisting of name of presenter, date of presentation,
topic of presentation, and length of presentation;
e. A statement signed by the nonemployee indicating the nonemployee has read and
received a copy of the law and facility procedures requiring the reporting of suspected
child abuse and neglect pursuant to North Dakota Century Code chapter 50-25.1, initially
and annually thereafter; and
f. A statement signed by the nonemployee acknowledging the confidentiality policy.
9. The shelter program shall adopt a policy regarding the retention of employee and
nonemployee files.

History: Effective January 1, 2022; amended effective April 1, 2024; October 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4, 50-06-01.10
### § 75-03-14.1-05.1. Background check and criminal conviction - Effect on operation of agency

or employment or placement by agency.
1. The department requires an initial fingerprint-based criminal background check for each
employee with direct contact with residents and a criminal background check for each
nonemployee with direct contact with residents. Subsequent fingerprint-based background
checks are not required for an employee who maintains continuous employment at the shelter
care program unless the program or the department determines a need exists to conduct a
subsequent investigation.
2. The department requires a child abuse and neglect index check as part of the initial
fingerprint-based background check and criminal background check. An annual child abuse
and neglect index must be completed and placed in the employee or nonemployee file.
3. A shelter care program supervisor may not be, and a shelter care program may not employ or
place, in any capacity that involves or permits contact between an employee or nonemployee
and any resident cared for by the shelter care program, an individual who is 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 Remedies for Human
Trafficking; or 19-03.1, Uniform Controlled Substance Act, if class A, B, or C felony under
that chapter; or in North Dakota Century Code section 12.1-20-03, gross sexual
imposition; 12.1-20-03.1, continuous sexual abuse of a child; 12.1-20-04, sexual
imposition; 12.1-20-05, corruption or solicitation of minors; 12.1-20-05.1, luring minors by
computer or other electronic means; 12.1-20-06, sexual abuse of wards; 12.1-20-07,
sexual assault; 12.1-20-12.3, sexual extortion; 12.1-21-01, arson; 12.1-22-01, robbery, if
a class A or B felony under subsection 2 of that section; 12.1-22-02 burglary, if a class B
felony under subdivision b of subsection 2 of that section; 12.1-29-01, promoting
prostitution; 12.1-29-02, facilitating prostitution; 12.1-31-05, child procurement;
12.1-31-07, endangering an eligible adult - penalty; 12.1-31-07.1, exploitation of an
eligible adult - penalty; 14-09-22, abuse of child; or 14-09-22.1, neglect of child;
b. An offense under the laws of another jurisdiction which requires proof of substantially
similar elements as required for conviction under any of the offenses identified in
subdivision a; or
c. An offense, other than an offense identified in subdivision a or b, if the department
determines the individual has not been sufficiently rehabilitated.
(1) The department 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 criminal convictions has elapsed.
(2) An offender's completion of a period of five years after final discharge or release
from any term of probation, parole, or other form of community corrections or
imprisonment, without subsequent charge or conviction, is prima facie evidence of
sufficient rehabilitation.
4. The department has determined that the offenses enumerated in subdivisions a and b of
subsection 3 have a direct bearing on an individual's ability to provide shelter care for children.

5. In the case of offenses described in North Dakota Century Code section 12.1-17-01, simple
assault; 12.1-17-03, reckless endangerment; 12.1-17-06, criminal coercion; 12.1-17-07,
harassment; 12.1-17-07.1, stalking; 12.1-22-01, robbery, if a class C felony; or 12.1-31-07.1,
exploitation of an eligible adult - penalty, if a class B or C felony or a class A misdemeanor; or
chapter 19-03.1, Uniform Controlled Substances 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 an individual has been sufficiently
rehabilitated if five years have elapsed after final discharge or release from any term of
probation, parole, or other form of community corrections or imprisonment for all other criminal
convictions. The department is not compelled to make such determination.
6. The department may discontinue processing a request for a criminal background check for
any individual who provides false or misleading information about the individual's criminal
history.
7. An individual is known to have been found guilty of, pled guilty to, or pled no contest to an
offense when it is:
a. Common knowledge in the community;
b. Acknowledged by the individual; or
c. Discovered by the authorized agent or department as a result of a background check.
8. The department may request a fingerprint-based or a criminal background check if an
employee or nonemployee of the certified shelter care program 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 shelter care program shall make an offer of employment to an employee conditioned
upon the individual's consent to complete required background checks. While awaiting the
results of the required background check, the shelter care program 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 is limited to
supervised interaction with residents.
11. The department may excuse an employee from providing fingerprints if usable prints have not
been obtained after two sets of prints have been submitted and rejected. If an employee is

excused from providing fingerprints, the department may conduct a nationwide name-based
criminal history record investigation in any state in which the employee lived during the eleven
years preceding the signed authorization for the background check.
12. A shelter care program employee or nonemployee shall comply with this section or must be an
employee otherwise qualified and employed by a certified shelter care program prior to April 1,
2024.
History: Effective April 1, 2024; amended effective October 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4, 50-06-01.10
### § 75-03-14.1-06. Employee and nonemployee training.

Shelter care programs shall provide training to employees and nonemployees which includes:
1. Initial orientation topics of:
a. Overall general shelter care program policy and procedures;
b. Resident's emotional and physical needs;
c. Resident's daily routine, activities, transportation, and meals;
d. Roles and responsibilities of employees versus nonemployees;
e. Expected employee and nonemployee conduct toward residents;
f. Expected resident conduct while residing onsite;
g. Shelter care program's behavior management, including de-escalation techniques;
h. Protocol for observing and reporting resident behavior;
i. Protocol for identifying and reporting of child abuse and neglect, including completion of
child abuse and neglect mandated reporter training;
j. Suicide prevention, including identifying signs and shelter program response;
k. Fire safety and evacuation procedures;
l. Disaster plan;
m. Resident search procedures and policies;
n. Confidentiality standards;
o. Protocol for reporting a runaway;
p. Protocol for emergency medical procedures;
q. Protocol for shelter care program security and access to visitors; and
r. Interest in becoming certified for medication distribution;
2. Required certification trainings, upon hire and updated accordingly thereafter, including:
a. First-aid training; and
b. Cardiopulmonary resuscitation training;

3. Institutional child abuse and neglect training, which includes how employees and
nonemployees are to report incidents and sentinel events and what to do in the case of an
institutional child abuse and neglect indicated determination; and
4. Other trainings determined necessary by the shelter care program to provide safe care to a
resident.
History: Effective January 1, 2022; amended effective April 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-07. Buildings and grounds.

A shelter care program shall comply with all state, county, and local building, zoning, safety, and
sanitation laws, codes, and ordinances. The shelter care program may install automatic sprinklers in
bedrooms, hallways, and areas required by the fire code. If an automatic sprinkler system is installed, it
must be inspected annually and a copy of the inspection provided to the department. The shelter care
program must have:
1. An inspection by the local fire department or the state fire marshal's office as determined
necessary for the dwelling to ensure fire safety;
2. A 2A 10BC fire extinguisher certified by Underwriters’ Laboratories and maintained in
accordance with the manufacturer’s instructions and located in areas defined in the fire code.
All required fire extinguishers must be checked once a year and serviced as needed. Each fire
extinguisher must have a tag or label securely attached indicating the month and year the
maintenance check was completed;
3. Smoke detectors installed and maintained in accordance with the manufacturer’s instructions
and located in areas defined in the fire code;
4. Carbon monoxide detectors, where applicable, installed and maintained in accordance with
the manufacturer’s instructions and located in areas defined in the fire code;
5. A clean, comfortable, sanitary, and safe dwelling with adequate lights, heat, and ventilation;
6. Furnishings suitable to the needs of all residents;
7. Recreational space and equipment that is safe, functional, and available for all residents;
8. One centrally located living room for the informal use of residents;
9. A dining room area large enough to accommodate the number of residents served;
10. A private space for individual interviewing and case meetings for ongoing program activities;
11. Sleeping accommodations that ensure:
a. At least one bed for each resident;
b. Clean linens and bedding for each resident;
c. Appropriate privacy and separation of resident sleep space dependent on age and
gender;
d. Individual storage space to accommodate the resident's clothing and other personal
belongings; and

e. For bedrooms, at least one window that opens to the outside. A bedroom located in a
basement with over half its outside walls below grade and no door opening directly to the
outside may not be used for sleeping, unless the bedroom space has at least one egress
window;
12. One complete bathroom to include a toilet, sink, and a tub or shower;
13. A kitchen area and proper food storage. If applicable, the department may request a health
inspection A shelter care program shall document compliance with sanitation standards and
provide documentation to the department;
14. Storage to lock all medications;
15. Storage to lock all toxic cleaning supplies, aerosols, chemical, agricultural, and ground
maintenance chemicals, pesticides, and other poisons;
16. Storage to lock shampoos, body wash, hair products, and hand sanitizers when not distributed
to resident for use. Shelter care programs shall distribute shampoos, body wash, hair
products, and hand sanitizers in a limited quantity;
17. Policy and signs that address the prohibition of the use of alcohol on the premises and
prohibition of the use of tobacco and vaping within the shelter care program facilities and
vehicles and in the line of sight of the residents;
18. Policy and signs that prohibit firearms in program or living areas on the premises. Firearms
kept at any other location on the shelter care program premises must be stored in a locked
and secure area; and
19. Policy that all pet inoculations comply with local and state requirements.
History: Effective January 1, 2022; amended effective April 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-08. Admissions and discharges.

1. A shelter care program shall have written resident admission and discharge policies and
procedures that describe:
a. The eligibility and criteria for admitting a resident;
b. Procedures for completing initial screenings upon admission, including:
(1) Mental health screening; and
(2) Basic personal health screening, which may include documenting height, weight,
and identification of any distinct markings, such as resident's birthmark, tattoos,
bruises, or cuts;
c. Procedure for discharge planning with the custodian, parent, or guardian upon date of
admission; and
d. Procedures for accepting an extension request.
2. The shelter care program shall provide documentation of a discharge report to the custodian,
parent, or guardian which includes:
a. Date of discharge;

b. Detailed location and contact of where the resident is being discharged to; and
c. Details of services or community referrals made by the shelter care program.
3. A shelter care program placement may not exceed seven days from date of admission unless
an extension request is approved by the department. The shelter care program supervisor
shall submit extension requests to the department for approval. The department may approve
an extension request for up to an additional seven days. The department may grant an
extension request beyond seven days upon such terms as the department may prescribe. A
refusal to grant an extension request is not subject to appeal.
History: Effective January 1, 2022; amended effective April 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4, 50-11-03.2
### § 75-03-14.1-09. Resident files.

Upon placement, a resident's file is confidential and must be protected from unauthorized
examination unless permitted or required by law or regulation. The shelter care program shall adopt a
policy regarding the retention of the resident file. The resident file must include:
1. Admissions application, including:
a. Resident's full name;
b. Date of birth;
c. Name and contact information of the referral;
d. Name and contact information of the resident's custodian, if applicable;
e. Name and contact information of the resident's parent or guardian;
f. Name and dosage of current medication; and
g. Documented consent to:
(1) Complete initial screenings;
(2) Provide first aid;
(3) Transport to emergency room, if applicable; and
(4) Distribute medications;
2. Resident photo;
3. Documentation of a daily activity log detailing the resident's time in the shelter care program;
and
4. Documentation of discharge report, including the individual who the resident was discharged
to, date, and location.
History: Effective January 1, 2022; amended effective April 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4, 50-06-15, 50-11-05

### § 75-03-14.1-10. Correction orders.

1. The shelter care program shall comply with all sections of this chapter, in order to maintain
certification from the department. The department may issue a correction order if the shelter
care program violates any provision of this chapter.
2. The department may require immediate correction of a violation that threatens the life or
safety of a resident and twenty days for all other violations.
3. Upon written request by the shelter care program and upon showing need for an extension
created by circumstances beyond the control of the shelter care program and documentation
that the shelter care program has diligently pursued correction of the violation, the department
may grant extensions of time to correct violations.
History: Effective January 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-11. Incident and sentinel event reporting.

1. The shelter care program must have written policy outlining the documentation of incidents
and sentinel events that occur while the resident is in placement. The policy must include:
a. Reporting procedures of an incident as an unplanned occurrence that resulted or could
have resulted in injury to people or damage to property, specifically involving the general
public, residents, or employees, or nonemployees; and
b. Reporting procedures of a sentinel event as an unexpected occurrence involving death
or serious physical or psychological injury not related to the natural course of a resident's
illness or underlying condition, including any process variation for which a reoccurrence
would carry a significant chance of a serious adverse outcome.
2. The shelter care program shall document the incident or sentinel event in the resident's file
within twenty-four hours and notify the resident's custodian, parent, or guardian immediately or
within twelve hours.
3. The shelter care program shall maintain a log of written reports of incidents and sentinel
events involving residents.
4. The shelter care program shall provide employees or nonemployees time at the beginning of
each shift to be informed of or review reports of incidents and sentinel events occurring since
the employee's or nonemployee's last shift.
5. The shelter care program shall provide employees or nonemployees and residents time to
debrief the incident and sentinel event with supervisors.
History: Effective January 1, 2022; amended effective April 1, 2024.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-12. Denial, revocation, and appeal rights.

1. The department may deny or revoke a shelter care program certification if the:
a. Application contains fraudulent information, an untrue representation, or is incomplete;

b. Agency or shelter care program has violated any applicable provision of North Dakota
Century Code chapters 50-06 and 50-11 or fails to meet the minimum requirements of
this chapter; or
c. Shelter care program fails to ensure the required shelter care program's policies under
this chapter are enforced and complied with.
2. If the department decides to deny or revoke a shelter care program certification, the
department shall notify the shelter care program in writing of its decision and the reasons for
the denial or revocation. Upon receipt of notification of revocation, the shelter care program
may not accept any additional residents and immediately shall make arrangements in
cooperation with each current resident's custodian, parent, or guardian for alternative
placement.
3. An agency or shelter care program may appeal a decision to deny or revoke a shelter care
program certification by filing a written appeal with the department within thirty days of written
notice of such a decision. Upon receipt of a timely appeal, an administrative hearing must be
conducted in the manner provided in chapter 75-01-03. During an appeal, the shelter care
program may not have residents.
History: Effective January 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
### § 75-03-14.1-13. 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 resident cared for by the shelter care program and no variance may be granted except at the
discretion of the department. A shelter care program shall submit a written request to the department
justifying the variance. A refusal to grant a variance is not subject to appeal.
History: Effective January 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-01.4
