# Title 50 — Public Welfare

## Chapter 50-11 — Foster Care Homes for Children and Adults

### § 50-11-00.1. Definitions.

As used in this chapter:
1. "Agency foster home for adults" means a residential home in which foster care for
adults is regularly provided by professional staff trained to provide services to older
adults or adults with a disability, to four or fewer adults who are not related by blood or
marriage to the owner or lessee, for hire or compensation.
2. "Approval" means the approval of tribal foster care facilities by the department, upon
submission of tribal licensing standards or in the absence of tribal licensing standards
compliance with state standards, of a facility located on or near, as identified by the
tribe, a recognized Indian reservation in North Dakota, not subject to the jurisdiction of
the state of North Dakota for licensing purposes, to allow the facility to receive title
IV-E funding.
3. "Authorized agent" means the human service zone, unless another entity is
designated by the department.
4. "Certified family foster home for children" means an occupied private residence in
which foster care for children is regularly provided by the owner or lessee of the
residence to no more than three children, unless the department approves otherwise.
5. "Department" means the department of health and human services.
6. "Facility" means a foster home for adults, agency foster home for adults, family foster
home for children, certified family foster home for children, supervised independent
living program, or qualified residential treatment program for children.
7. "Family foster home for children" means an occupied private residence in which foster
care for children is regularly provided by the owner or lessee of the residence to no
more than six children, unless the department approves otherwise.
8. "Foster care for adults" means the provision of food, shelter, security and safety,
guidance, and comfort on a twenty-four-hour per day basis, in the residential home of
a caregiver or agency, to an individual age eighteen or older, who is unable, neglects,
or refuses to provide for the individual's own care.
9. "Foster care for children" means the provision of substitute parental child care for
those children who are in need of care for which the child's parent, guardian, or
custodian is unable, neglects, or refuses to provide, and includes the provision of food,
shelter, security and safety, guidance, and comfort on a twenty-four-hour basis, to one
or more children under twenty-one years of age to safeguard the child's growth and
development and to minimize and counteract hazards to the child's emotional health
inherent in the separation from the child's family. Foster care may be provided in a
licensed, certified, or approved family foster home for children, supervised
independent living program, or qualified residential treatment program.
10. "Foster home for adults" means an occupied private residence in which foster care for
adults is regularly provided by the owner or lessee of the residence, to four or fewer
adults who are not related by blood or marriage to the owner or lessee, for hire or
compensation.
11. "Identified relative" or "kinship relative" means:
a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,
uncle, great-uncle, nephew, niece, or first cousin;
b. An individual with a relationship to the child, derived through a current or former
spouse of the child's parent, similar to a relationship described in subdivision a;
c. An individual recognized in the child's community as having a relationship with
the child similar to a relationship described in subdivision a; or
d. The child's stepparent.
12. "Qualified residential treatment program" means a licensed or approved residence
providing an out-of-home treatment placement for children.
13. "Supervised independent living program" means a licensed or approved setting
providing supervision and service delivery to youth transitioning into adulthood.

### § 50-11-01. Foster care for children - License, certification, or approval required.

1. A person may not furnish foster care for children for more than thirty days during a
calendar year without first procuring a license, certification, or approval to do so from
the department. The mandatory provisions of this section requiring licensure,
certification, or approval do not apply when the care is provided in:
a. The home of an identified relative.
b. The home of a kinship relative.
c. A home or institution under the management and control of the state or a political
subdivision.
d. A home or facility furnishing room and board primarily to accommodate the child's
educational or career and technical education needs.
2. An individual providing care under subdivision a of subsection 1 shall submit to a
criminal history record investigation as required under section 50-11-06.8.
3. The family foster care for children license, certification, or approval is nontransferable
and valid only for the applicants residing at a physical location noted at the time of
issuance, unless otherwise approved by the department. Only one family foster home
for children license, certification, or approval is permitted for each physical location.
### § 50-11-01.1. Family day care home for children defined.

Repealed by S.L. 1975, ch. 444, § 17.
### § 50-11-01.2. Day care center for children defined.

Repealed by S.L. 1975, ch. 444, § 17.
### § 50-11-01.3. Use of public funds.

Repealed by S.L. 1993, ch. 472, § 25.
### § 50-11-01.4. Foster care for adults - License required.

A person may not furnish foster care for adults for more than one adult, or for more than two
adults who are related to each other, without first procuring a license to do so from the
department. A person may not furnish foster care for an adult if the person has had a license
denied or revoked unless the department subsequently issues a license to that person.
### § 50-11-01.5. Fire prevention training.

Before initial licensure, or certification and each renewal under this chapter, each family
foster home for children shall complete a course of instruction related to fire prevention and
safety. The state fire marshal shall design the course in cooperation with the department of
health and human services. The course must be available to the public as designed by the
department. The department of health and human services shall offer the course throughout the
state.
### § 50-11-01.6. Self-declaration form.

The department of health and human services shall prescribe self-declaration forms to be
completed and signed by each family foster home for children provider before initial licensure or
certification and each renewal under this chapter. The self-declaration forms must include
references to smoke detectors, fire extinguishers, fire escape plans, and inspections of
appliances, electrical systems, and heating systems.
### § 50-11-02. License or certification granted - Term - Conditions.

1. The department shall grant a license or certification for the operation of a facility
receiving persons for foster care, for a period of not more than two years, to reputable
and responsible persons upon showing that:
a. The premises to be used are in fit sanitary condition and properly equipped to
provide good care for all persons who may be received;

b. The persons in active charge of the facility are properly qualified to carry on
efficiently the duties required of them;
c. The facility is likely to be conducted for the public good in accordance with sound
social policy and with due regard to the health, morality, and well-being of all
persons cared for in the facility;
d. The facility will be maintained according to the standards prescribed for its
conduct by the rules of the department;
e. The applicant has not had a previous facility license, certification, or approval
denied within two years of the date of the current application, unless waived by
the department after the department considers the health and safety of children
and the licensing, certification, or approval history of the applicant; and
f. The applicant has not had a previous facility license, certification, or approval
revoked within five years of the date of the current application, unless waived by
the department after the department considers the health and safety of children
and the licensing, certification, or approval history of the applicant.
2. Before licensing, certifying, or approving a facility providing foster care for children or
adults, the department shall seek a criminal history record when required by this
chapter. The department shall consider any criminal history record information
available at the time a license, certification, or approval decision is made.
3. The department shall determine, in accordance with rules of the department, whether
a license, certification, or approval may be issued to a facility that houses or employs
any individual who has a criminal record.
### § 50-11-02.1. Conviction not bar to licensure - Exceptions.

Conviction of an offense does not disqualify a person from licensure, certification, or
approval under this chapter unless the department determines that the offense has a direct
bearing upon that person's ability to serve the public as the operator of a facility or that,
following conviction of any offense, the person is not sufficiently rehabilitated under section
12.1-33-02.1.
### § 50-11-02.2. Provisional license, certification, or approval.

At the discretion of the department, a provisional license, certification, or approval may be
issued to an applicant who, or whose facility, fails to conform in all respects to this chapter and
the rules of the department. The department may set conditions under which a provisional
license, certification, or approval may be issued, and may issue such a license, certification, or
approval for any period of time, not to exceed two years, as the department may deem
reasonable or appropriate to the circumstances of the case. The department may not be
compelled to issue a provisional license, certification, or approval.
### § 50-11-02.3. Maximum qualified residential treatment program bed capacity.

Notwithstanding sections 50-11-02 and 50-11-09, the department shall determine the
maximum number of licensed qualified residential treatment program bed capacity for children
based upon a needs assessment conducted by the department.
### § 50-11-02.4. Criminal history record investigation for foster care for adults -

Fingerprinting not required.
1. Except as provided in section 50-11-06.9, the department shall secure from any
individual employed by, or providing care in, a facility providing foster care for adults
and any adult living in the facility, but not being provided care in the facility, identifying
information other than fingerprints, that is appropriate to accomplish a statewide
criminal history record investigation.
2. Fingerprints need not be taken and a nationwide background check need not be made
if an individual:
a. Has resided continuously in this state for eleven years or since reaching age
eighteen, whichever is less;

b. Is on active United States military duty or has resided continuously in this state
since receiving an honorable discharge; or
c. Is excused from providing fingerprints under rules adopted by the department.
3. The department shall verify that sufficient identifying information has been provided.
Upon verification, the department shall submit that information to the bureau of
criminal investigation.
4. The bureau of criminal investigation shall provide any criminal history record
information that may lawfully be made available under chapter 12-60 to the
department. The department shall provide a copy of any response received from the
bureau of criminal investigation to the facility.
5. The department shall pay the cost of securing any criminal history record information
made available under chapter 12-60 and section 50-11-06.8 for foster home for adults.
An agency foster home for adults is responsible for the cost of securing any criminal
history record information made available under chapter 12-60 and section 50-11-06.8.
6. The department shall consult with the bureau of criminal investigation to determine the
identifying information, other than fingerprints, appropriate to accomplish a statewide
criminal history record investigation.
7. The department may adopt emergency rules under this section without the finding
otherwise required under section 28-32-02.
### § 50-11-03. Department to make rules - Records kept by facility.

A record of all children and adults cared for in any facility licensed, certified, or approved
under this chapter must be maintained in the manner and form prescribed by the department.
The department shall establish reasonable minimum standards, and shall make such
reasonable rules for the conduct of such place as are necessary to carry out the purposes of
this chapter.
### § 50-11-03.1. Reduction of number of children in foster care - Goals.

On or before October 1, 1982, and annually thereafter, the department of health and human
services shall attempt to reduce the number of children receiving assistance under title IV-E of
the Social Security Act, who have been in foster care for more than twenty-four months, by the
following amounts:
1. For the year beginning October 1, 1982, one percent of the number of children, in
foster care for more than twenty-four months, and receiving benefits under title IV-A of
the Social Security Act from July 1, 1979, through June 30, 1980;
2. For the years beginning October 1, 1983, and ending September 30, 1990, one
percent of the maximum number permitted in the previous year; and
3. For all subsequent years, one-half percent of the maximum number permitted in the
previous year.
### § 50-11-03.2. Use of public funds.

1. Public funds for the purchase of foster care for children or adults may be used only in
facilities licensed, certified, or approved by the department. No person acting on behalf
of any state, county, or local governmental entity may arrange for or promote care
provided in a facility that does not have a license, certification, or approval issued by
the department. This section does not apply to any home or institution under the
management and control of the state.
2. Nonfederal funds may be used to reimburse the costs of shelter care placements for
no more than seven days if the shelter care services are certified by the department. If
the entity has diligently pursued other placement, the department may grant an
extension for the health and safety of the child or due to unforeseeable circumstances.
3. Nonfederal funds may be used for maintenance payments to an unlicensed identified
relative or unlicensed kinship relative for no more than six months and to a guardian
with a subsidy approval made by the department.

### § 50-11-03.3. Department to provide liability coverage to foster homes for children.

1. The department shall provide liability coverage for acts or omissions of foster children
placed in the care of licensed, certified, or approved family foster homes for children.
The department may provide this liability coverage through self-insurance.
2. The liability coverage under this section:
a. Must provide coverage for damage to property which is caused by the act of a
foster child. This coverage must be for the lesser of the reasonable cost to repair
or to replace the damaged property.
b. Is secondary to any other coverage.
c. Except as provided in subdivision d, may not exceed five thousand dollars per
claim, with an annual maximum of ten thousand dollars per year per claimant.
The coverage under this subsection must include a deductible not to exceed one
hundred dollars per claim.
d. In cases in which the property damage per event total exceeds twenty-five
thousand dollars, the department may further review the claim. The department
may cover twenty-five percent of the remaining property damage after any
insurance reimbursement, not to exceed ten thousand dollars.
3. The department may provide for exclusions from liability coverage provided under this
section.
### § 50-11-03.4. Immunity for a person providing foster care.

A person providing foster care for children in a licensed, certified, or approved facility is
immune from civil liability for any act or omission resulting in damage or injury to or by a child in
foster care if, at the time of the act or omission, the person providing foster care for children
applied the reasonable and prudent parent standard in a manner that protects child safety, while
also allowing the child in foster care to experience age or developmentally appropriate activities.
### § 50-11-03.5. Automated clearinghouse payments.

The department shall provide payment to family foster home for children, supervised
independent living program, certified family foster home for children, and qualified residential
treatment program for children providers using an automated clearinghouse to provide for
electronic fund transfers. To receive payment, family foster home for children, supervised
independent living program, certified family foster home for children, and qualified residential
treatment program for children providers and applicants shall provide sufficient documentation
to enable the department to provide electronic funds transfers through an automated
clearinghouse. No other forms of payment are permitted, unless approved by the department.
### § 50-11-03.6. Substitute caregivers and respite care providers - Requirements.

1. As used in this section:
a. "Respite care provider" means an individual enrolled as a qualified service
provider who provides respite care to private-pay adult residents in the absence
of the provider.
b. "Substitute caregiver" means an individual who meets qualified service provider
standards and provides respite care to private-pay adult residents in the absence
of the provider.
2. The department may not limit the services of a substitute caregiver or a respite care
provider providing resident care on behalf of a foster home for adults to less than two
hundred twenty calendar days during the twenty-four-month period immediately
following the renewal date of the initial license or for less than one hundred ten
calendar days during the twelve-month period immediately following the date of the
issuance of the initial license.
3. Unless a substitute caregiver or a respite care provider provided resident care on
behalf of a foster home for adults for more than twelve hours during a calendar day,
the department may not count the calendar day toward the limit determined by the
department in accordance with subsection 2.

4. This section applies to private-pay adult foster care providers.
### § 50-11-03.7. Adult foster care providers - Temporary assistants - Permitted use of

electronic device for monitoring.
An adult foster care provider may:
1. Employ a temporary assistant as needed to assist with private-pay adult residents that
have physical limitations that require more than one provider to properly assist.
2. Use an electronic device for monitoring an otherwise unattended adult resident within
a limited range, which allows the provider to remain nearby while ensuring the safety
of the resident. Before implementing an electronic device for monitoring, the use of the
device must be approved in writing by the resident or, if the resident is incapacitated, a
family member or legal representative of the resident.
### § 50-11-04. Inspection by the department - Inspection and report by the department or

its authorized agent.
The department and its authorized agents at any time may inspect any facility licensed,
certified, or approved under the provisions of this chapter or with respect to which a license,
certification, or approval application has been made, except for approved family foster homes
for children. The department and its authorized agents shall have full and free access to every
part of the facility. The department may require, on a case-by-case basis, prior to or after
licensure, certification, or approval, that a facility undergo a fire inspection, inspection of the
heating system or the electrical system, or any other type of inspection that the department
deems necessary to carry out the purposes of this chapter. All records of the facility must be
open for the inspection of the department or its authorized agents and they may see and
interview all children and adults cared for therein. Upon the request of the department, the
department or its authorized agent shall inspect any facility for which a license, certification, or
approval is applied or issued, with the exception of approved family foster homes for children,
and shall report the results of the inspection to the department.
### § 50-11-04.1. Notice.

After each inspection or reinspection, the department shall mail or deliver any correction
order or notice of noncompliance to the facility.
### § 50-11-04.2. Correction order - Contents.

Whenever the department determines that the facility is not in compliance with this chapter,
or the rules adopted thereunder, a notice of license, certification, or approval denial or
revocation or a correction order must be issued to the facility, except for approved family foster
home for children. A correction order must cite the statute or rule violated, state the factual basis
of the violation, specify the time allowed for correction, and specify the amount of any fiscal
sanction to be assessed if the correction order is not complied with in a timely fashion. A
correction order may also state a suggested method of correction or require the submission of a
corrective action plan by the facility. If a correction order requires the submission of a corrective
action plan, it must also specify a date by which the corrective action plan must be submitted.
The department shall, by rule, establish a schedule of allowable times for correction of
deficiencies.
### § 50-11-04.3. Reinspections.

A facility issued a correction order under section 50-11-04.2 must be inspected at the end of
the period allowed for correction. If, upon inspection, it is determined that the facility has not
corrected a violation identified in the correction order, a notice of noncompliance with the
correction order must be mailed or sent to the facility. The notice must specify the uncorrected
violations and the penalties assessed in accordance with section 50-11-04.5.

### § 50-11-04.4. Fiscal sanctions.

A facility, if issued a notice of noncompliance with a correction order, must be assessed
fiscal sanctions in accordance with a schedule of fiscal sanctions established by rule. The fiscal
sanction must be assessed for each day the facility remains out of compliance after the
allowable time for the correction of deficiencies ends and must continue until a notice of
correction is received by the department in accordance with section 50-11-04.6. No fiscal
sanction for a specific violation may exceed twenty-five dollars per day of noncompliance.
### § 50-11-04.5. Accumulation of fiscal sanctions.

A facility must promptly provide written notice to the department when a violation noted in a
notice of noncompliance is corrected. Upon receipt of written notice by the department, the daily
fiscal sanction assessed for the deficiency must stop accruing. The facility must be promptly
reinspected. If, upon reinspection, it is determined that the deficiency has not been corrected,
the daily assessment of fiscal sanctions must resume and the amount of fiscal sanctions that
otherwise would have accrued during the period prior to resumption must be added to the total
assessment due from the facility. The department must mail or deliver a notice of resumption to
the facility. Recovery of the resumed fiscal sanction must be stayed if the licensee makes a
written request for an administrative hearing in the manner provided for in chapter 28-32,
provided that the written request for the hearing is made to the department within ten days after
mailing or delivery of the notice of resumption.
### § 50-11-04.6. Recovery of fiscal sanctions - Hearing.

Fiscal sanctions assessed pursuant to this chapter are payable fifteen days after receipt of
the notice of noncompliance and at fifteen-day intervals thereafter, as the fiscal sanctions
accrue. Recovery of an assessed fiscal sanction must be stayed if the operator makes written
request to the department for an administrative hearing within ten days after mailing or delivery
of the notice.
### § 50-11-04.7. Disposition of fiscal sanctions.

Any fiscal sanction collected for any violation of this chapter or of rules adopted pursuant to
this chapter must be paid into the state treasury for the general fund after the costs of
recovering the fiscal sanction are deducted therefrom.
### § 50-11-05. Contents of records not disclosed - Exception.

The records of facilities licensed, certified, or approved under this chapter and the records
of the department and its authorized agents, pertaining to the children or adults receiving care,
are confidential but may be disclosed:
1. In a judicial proceeding;
2. To officers of the law or other legally constituted boards or agencies; or
3. To persons who have a definite interest in the well-being of the adults or children
concerned, who are in a position to serve their interests, and who need to know the
contents of the records in order to assure their well-being and interests.
### § 50-11-06. Facility not to hold itself out as having authority to dispose of child by

adoption unless licensed.
No facility licensed under this chapter may be held out as having authority to dispose of any
child, advertise children for adoption, or be held out directly or indirectly, as being able to
dispose of children, without first being licensed so to do under chapter 50-12.
### § 50-11-06.1. Foster family care home for adults defined.

Repealed by S.L. 1993, ch. 472, § 25.
### § 50-11-06.2. Department to establish standards - Licensing - Inspection - Prosecute

violations.
Repealed by S.L. 1993, ch. 472, § 25.

### § 50-11-06.3. License required - Term - Revocation.

Repealed by S.L. 1993, ch. 472, § 25.
### § 50-11-06.4. Contents of license.

Repealed by S.L. 1993, ch. 472, § 25.
### § 50-11-06.5. Records kept by home.

Repealed by S.L. 1993, ch. 472, § 25.
### § 50-11-06.6. Department to furnish information when requested.

1. Whenever requested by any person, organization, corporation, or limited liability
company interested in establishing a foster care facility for children or adults, the
department shall furnish information concerning the minimum requirements for a
facility and concerning the need for a facility in any given community.
2. Any person, organization, corporation, or limited liability company is entitled, upon
request, to be advised by the department or its authorized agent regarding the policy,
procedure, and intentions of the department or its authorized agent toward placement
of children in that person's, organization's, corporation's, or limited liability company's
facility if:
a. The person, organization, corporation, or limited liability company is licensed to
provide foster care for children under this chapter and has not received a
placement for twelve months or more; or
b. The person, organization, corporation, or limited liability company is applying for
its license to provide foster care for children under this chapter.
### § 50-11-06.7. License, approval, certification approval or denial - Time requirements.

Except as otherwise provided in this section, an application to the department for a license,
certification, or approval required by this chapter to provide foster care to adults or children must
be approved or denied within sixty days of its receipt by the department. The department has an
additional forty-five days to grant or deny a license, certification, or approval required by this
chapter if the department notifies the applicant that the additional time is necessary.
### § 50-11-06.8. Criminal history record investigation - Fingerprinting required.

1. Each facility providing foster care for children shall secure, from a law enforcement
agency or any other agency authorized to take fingerprints, two sets of fingerprints and
shall provide all other information necessary to secure state criminal history record
information and a nationwide background check under federal law from:
a. Any individual employed by, or providing care in, the facility; and
b. Any adult living in the facility, but not being provided care in the facility.
2. Each identified relative, at the request by the department, shall secure, from a law
enforcement agency or any other agency authorized to take fingerprints, two sets of
fingerprints and shall provide all other information necessary to secure state criminal
history record information and a nationwide background check under federal law from
the identified relative and any adult living in the home of the identified relative.
3. Each certified family foster home for children provider, at the request of the
department, shall secure from a law enforcement agency or any other agency
authorized to take fingerprints, two sets of fingerprints and shall provide all other
information necessary to secure state criminal history record information and a
nationwide background check under federal law from the certified family foster home
for children provider and any adult living in the home of the certified family foster home
for children provider.
4. The facility, certified family foster home for children provider, or identified relative shall
assure that information obtained under subsections 1, 2, and 3 is provided to the
department.

5. Upon receipt of all fingerprints and necessary information relating to a criminal history
record investigation, the department shall submit the information and fingerprints to the
bureau of criminal investigation. The department shall provide a copy of the state
criminal history record information response received from the bureau of criminal
investigation to the facility, certified family foster home for children provider, identified
relative, public agency, or authorized agent making the request.
6. The bureau of criminal investigation shall request a nationwide background check from
the federal bureau of investigation and, upon receipt of a response, provide the
response of the federal bureau of investigation to the department. The bureau of
criminal investigation also shall provide any criminal history record information that
may lawfully be made available under chapter 12-60 to the department.
7. Upon request by the operators of a facility, employees of a facility, certified family
foster home for children provider, or identified relative, a law enforcement agency shall
take fingerprints of individuals described in this section if the request is made for
purposes of this section.
8. The department shall pay the cost of securing fingerprints, any criminal history record
information made available under chapter 12-60, and a nationwide background check
for each facility providing foster care for children, certified family foster home for
children provider, and identified relative.
9. An agency that takes fingerprints as provided under this section may charge a
reasonable fee to offset the costs of the fingerprinting.
10. Except as provided in sections 50-11-02.4 and 50-11-06.9, the department shall
secure from a law enforcement agency or any other agency authorized to take
fingerprints two sets of fingerprints and all other information necessary to secure state
criminal history record information and a nationwide background check under federal
law from:
a. Any individual employed by, or providing care in, an adult family foster care
facility; and
b. Any adult living in an adult family foster care facility, but not being provided care
in the facility.
11. A criminal history record investigation completed under this section may be used to
satisfy the criminal history record investigation requirements of sections 25-03.2-03,
50-06-01.9, 50-06-01.10, 50-11.3-01, and 50-12-03.2. The federal bureau of
investigation's criminal history record investigation obtained from one criminal history
record investigation purpose may not be reused to satisfy the requirements for another
federal bureau of investigation's criminal history record investigation for a different
purpose.
### § 50-11-06.9. Criminal history record investigation for foster home for adults - When not

required.
A criminal history record investigation may not be required, under section 50-11-06.8 or
50-11-02.4, of a foster home for adults licensed or approved on August 1, 1999, for so long as
that home remains continuously licensed or approved.
### § 50-11-06.10. Identified relative - Criminal history record investigation.

1. The department may require an identified relative and any adult living in the home of
the identified relative to go through a criminal history record investigation pursuant to
section 50-11-06.8.
2. If the department requires a criminal history record investigation pursuant to
subsection 1, the department shall consider an identified relative and any adult living in
the home of the identified relative as a family foster home for children applicant, family
foster home for children provider, or members of the family foster home for children for
the purpose of determining the impact of the individual's criminal history record
investigation on the individual's ability to provide foster care for children.

### § 50-11-06.11. Unaccompanied undocumented children.

A person may not arrange for or promote care provided in a facility for unaccompanied
undocumented children unless the facility has a license or approval issued by the department.
### § 50-11-07. Denial or revocation of license or certification.

The department may deny or revoke the license or certification of any facility upon proper
showing of any of the following:
1. Any of the conditions set forth in section 50-11-02 as prerequisites for the issuance of
the license or certification do not exist.
2. The application contains false or misleading material information or the applicant
intentionally withheld material information.
3. The license or certification was issued upon false, misleading, or intentionally withheld
material information.
4. An operator, licensee, certification holder, caregiver, employee, or an agent of the
facility has violated a provision of this chapter or any of the rules of the department.
5. An applicant, licensee, or certification holder providing family foster care for children
has been involved in a court action in which a child in their household is currently or
within the last five years has been removed from the home due to a contrary to the
welfare finding issued by a court.
6. An operator, applicant, licensee, certification holder, caregiver, employee, or agent of
the facility has been convicted of an offense determined by the department to have a
direct bearing upon the person's ability to serve the public or residents of the facility, or
the department determines, following conviction of any other offense, the person is not
sufficiently rehabilitated under section 12.1-33-02.1.
### § 50-11-08. Denial or revocation of license or certification - Hearing - Appeals.

Before any application for a license or certification under the provisions of this chapter is
denied or before revocation of any such license or certification takes place, written charges as
to the specific reasons therefor, a copy of the statutes and department rules authorizing such
action, and notice of the applicant's, licensee's, or certification holder's right to a hearing on the
matter before the department must be served upon the applicant, licensee, or certification
holder. The applicant, licensee, or certification holder must also be notified in writing of the
person's right to be represented at such hearing by counsel, to examine all files and documents
in the custody of the department regarding the applicant, licensee, or certification holder, to
present witnesses at the hearing on behalf of the applicant, licensee, or certification holder and
to present documentary evidence, to present testimony and cross-examine adverse witnesses,
and the right to an impartial hearing officer. The applicant, licensee, or certification holder has
the right to a hearing before the department if the hearing is requested within twenty days after
service of the written charges. The department shall hold the hearing within sixty days after the
hearing request unless the applicant, licensee, or certification holder agrees to a later date. At
any such hearing, the evidence submitted by the department in support of its denial or
revocation of the applicant's, licensee's license, or certification holder's certificate must be
limited to supporting only those reasons which were given by the department in its original
notice of denial or revocation to the applicant, licensee, or certification holder. An applicant,
licensee, or certification holder may appeal under the provisions of chapter 28-32 any final
decision of the department regarding the application for or issuance of a license or certification
required by this chapter.
### § 50-11-09. Appeal from decision of department denying or revoking license or

certification.
The applicant for a license or certification to operate a facility or a person whose license or
certification for a facility has been revoked may appeal the denial or revocation to the district
court. An appeal must be taken in the manner provided in chapter 28-32.

### § 50-11-09.1. District court injunctions.

The department may petition the district court for an injunction to stop or prevent a violation
of this chapter or of administrative rules adopted under this chapter.
### § 50-11-10. Penalty.

Any person, whether owner, manager, operator, or representative of any owner, operator, or
manager, who violates any of the provisions of this chapter, is guilty of a class B misdemeanor.
### § 50-11-11. Agency foster home for adults - Zoning.

Notwithstanding the provisions in chapter 11-33, 40-47, or 58-03, or any other provisions
authorizing a political subdivision to establish or enforce zoning regulations, an agency foster
home for adults providing community support services or residential habilitation must be
considered a permitted use in a single-family or equivalent least-density residential zone.
