# Title 23 — Health and Safety

## Chapter 23-09.4 — Residential Care for Autistic Children

### § 23-09.4-01. Definitions.

In this chapter unless the context otherwise requires:
1. "Autism spectrum disorder" means a brain disorder that may prevent understanding of
what a person sees, hears, or otherwise senses and is conceptualized as a behavioral
syndrome with multiple biological manifestations.
2. "Department" means the department of health and human services.
3. "Residential care facility for children with autism spectrum disorder" means a living
facility providing twenty-four-hour assistance for five or more children not related by
blood or marriage to the operator through a multidisciplinary approach including a
medical diagnosis of autism spectrum disorder.
4. "Residential care giver" means an individual who routinely provides assistance with
activities of daily living or direct care services in implementing the treatment plan,
behavior management, or education to residents in a residential care facility for
children with autism spectrum disorder.
### § 23-09.4-02. Department to establish standards - Licensing - Inspection.

The department shall establish standards for the licensure of residential care facilities for
children with autism spectrum disorder, regularly inspect the facilities, and grant annual licenses
to the facilities that meet the established standards. Upon the request of the department, the
state fire marshal shall inspect any facility seeking licensure, or any licensed facility, and shall
report the inspection results to the department.
### § 23-09.4-03. License required - Term - Revocation.

No person may operate or manage a residential care facility for children with autism
spectrum disorder unless the facility has been licensed by the department. The license must
state the name of the owner or manager of the facility, its location, and the maximum number of
persons who may reside in the facility at any time. The license is not valid for more than one
year. Any license may be revoked by the department for violation of this chapter or the rules
adopted by the department.
### § 23-09.4-04. Method of providing service.

A residential care facility for children with autism spectrum disorder must be specifically
designed, arranged, and staffed to provide twenty-four hour assistance with activities of daily
living in a homelike environment in response to the individual needs of the residents. A
residential care facility for children with autism spectrum disorder must provide or make
arrangements for diagnostic and treatment services, behavioral management, and educational
services to enable residents to attain or maintain their highest practicable level of functioning.
### § 23-09.4-05. Records.

The owner or manager of a residential care facility for children with autism spectrum
disorder must keep a record of every individual admitted to the facility, in the manner and form
prescribed by the department.
### § 23-09.4-06. Violations - Injunction.

The department shall prosecute all violations of this chapter. The department may apply to
the district court of the county in which the residential care facility for children with autism
spectrum disorder is located, for a temporary or permanent injunction restraining any person
from conducting, managing, or operating a facility without a license as required by this chapter.
### § 23-09.4-07. Authority to adopt rules.

The department may adopt rules necessary to carry out its responsibilities under this
chapter.

### § 23-09.4-08. Penalty.

1. Any person who operates or manages a residential care facility for children with autism
spectrum disorder without first obtaining a license as required by this chapter is guilty
of a class B misdemeanor.
2. Any person who violates any provision of this chapter or any rule adopted under this
chapter may be assessed a civil penalty not to exceed one thousand dollars for each
violation and for each day the violation continues, plus interest and any costs incurred
by the department to enforce this penalty. The civil penalty may be imposed by a court
in a civil proceeding or by the department through an administrative hearing under
chapter 28-32. The assessment of a civil penalty does not preclude the imposition of
other sanctions authorized by rules adopted under this chapter.
