# Title 75 — Department of Human Services

## Article 75-03 — Community Services

## Chapter 75-03-07 — In-Home Child Care Early Childhood Services

### § 75-03-07-01. Purpose.

Repealed effective January 1, 2011.
### § 75-03-07-02. Objective of rules.

Repealed effective January 1, 2011.
### § 75-03-07-03. Definitions.

The terms used in this chapter have the same meanings as in North Dakota Century Code section
50-11.1-02.
History: Effective December 1, 1981; amended effective January 1, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-02, 50-11.1-06, 50-11.1-08
### § 75-03-07-04. In-home registration and standards.

1. An application for a registration document must be submitted to the department wherein the
applicant proposes to provide in-home services. Application must be made in the form and
manner prescribed by the department.
2. An applicant for an in-home registration document shall be directly responsible for the care,
supervision, and guidance of the child or children in the child or children's home and shall
comply with the following standards, certifying in the application that the applicant:
a. Is at least eighteen years of age.
b. Is physically, cognitively, socially, and emotionally healthy and will use mature judgment
when making decisions impacting the quality of child care.
c. Shall devote adequate time and attention to the children in the applicant's care and
provide an environment that is physically and socially adequate for children.
d. Shall participate in specialized training related to child care if provided by or approved by
the department.
e. Shall complete one hour of department-approved training annually on safe sleep prior to
in-home provider having unsupervised access to infants and one hour on mandated
reporter of suspected child abuse or neglect.

f. 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 applicant's care.
g. Shall provide proper care, supervision, and protection for children in the applicant's care.
Supervision means the provider being within sight or hearing range of an infant, toddler,
or preschooler at all times so the provider is capable of intervening to protect the health
and safety of the child. For the school-age child, it means a provider being available for
assistance and care so that the child's health and safety are protected.
h. Shall provide for a safe and sanitary environment while children are in care.
i. May not use or be under the influence of any illegal drugs or alcoholic beverages while
children are in care.
j. May not leave children without supervision.
k. Shall ensure that discipline is 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, fear, 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 an in-home
registration.
(1) Authority to discipline may not be delegated to children nor may discipline be
administered by children.
(2) Separation, when used as discipline, must be appropriate to the child's development
and circumstances. The child must be in a safe, lighted, well-ventilated room within
sight or hearing range of the in-home provider. An in-home provider may not isolate
a child in a locked room or closet.
(3) A child may not be punished for lapses in toilet training.
(4) An in-home provider may not use verbal abuse or make derogatory remarks about a
child, or a child's family, race, or religion when addressing the child or in the
presence of a child.
(5) An in-home provider may not use profane, threatening, unduly loud, or abusive
language in the presence of a child.
(6) An in-home provider may not force-feed a child or coerce a child to eat, unless
medically prescribed and administered under a medical provider's care.
(7) An in-home provider may not use deprivation of meals or snacks as a form of
discipline or punishment.
(8) An in-home provider may not kick, punch, spank, shake, pinch, bite, roughly handle,
strike, mechanically restrain, or physically maltreat a child.
(9) An in-home 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) An in-home provider may not withhold active play from a child as a form of discipline
or punishment, beyond a brief period of separation.

l. Shall discuss methods of discipline and child management with the parent or parents.
3. If the physical or mental, cognitive, social, or emotional health capabilities of an in-home
applicant or provider appear to be questionable, the department may require the individual to
present evidence of the individual's ability to provide the required care based on a formal
evaluation. The department is not responsible for costs of any required evaluation.
4. In-home providers shall ensure safe care for the children receiving services in their care. 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 the applicant or in-home provider, that
decision has a direct bearing on the applicant's or in-home provider's ability to serve the public
in a capacity involving the provision of child care and the application or in-home registration
may be denied or revoked. 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 or in-home provider, the applicant or in-home provider shall furnish information,
satisfactory to the department, from which the department can determine the applicant's or
in-home provider's ability to provide care that is free of abuse or neglect. The department shall
furnish the determination of current ability to the applicant or in-home provider. Each applicant
shall complete a department-approved authorization for background check form no later than
the first day of employment.
5. An in-home provider may provide early childhood services in a private residence for up to five
children through the age of eleven, of which no more than three may be under the age of
twenty-four months.
History: Effective December 1, 1981; amended effective January 1, 1987; January 1, 2011; April 1,
2016; April 1, 2018; July 1, 2020; January 1, 2022; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-02, 50-11.1-06, 50-11.1-07, 50-11.1-08
### § 75-03-07-05. Minimum requirements for care of children with special needs.

An in-home provider shall make appropriate accommodations, as required by the Americans with
Disabilities Act, to meet the needs of children with special needs. The in-home provider must receive
documentation of the child's special needs by the parent upon the child's enrollment.
1. When a child with special needs is being cared for, the in-home 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 in-home 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. In-home providers shall receive proper instructions as to the nature of the child's special
needs and potential for growth and development.
History: Effective January 1, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-06, 50-11.1-08
### § 75-03-07-06. Denial or revocation of in-home registration.

1. The right to provide early childhood services is dependent upon the applicant's or provider's
continuing compliance with the terms of the registration as listed in section 75-03-07-04.

2. A fraudulent or untrue representation is grounds for revocation or denial.
3. a. The applicant or in-home provider 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; or
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 or provider's ability to serve the
public in a capacity as a provider.
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 in 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. An in-home 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 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.
History: Effective January 1, 2011; amended effective April 1, 2014; April 1, 2016; April 1, 2018;
January 1, 2022; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-06, 50-11.1-06.1, 50-11.1-06.2, 50-11.1-07, 50-11.1-08
### § 75-03-07-07. Appeals.

An applicant for an in-home registration or in-home provider may appeal a decision to deny or
revoke a registration document by filing a written appeal with the department. The appeal must be
postmarked or received by the department within ten calendar days of the in-home registration or
in-home provider's receipt of written notice of the decision to deny or revoke the registration document.
Upon receipt of a timely appeal, an administrative hearing must be conducted in the manner provided
in chapter 75-01-03.
History: Effective January 1, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-06, 50-11.1-08, 50-11.1-10
