# Title 50 — Public Welfare

## Chapter 50-11.1 — Early Childhood Services

### § 50-11.1-01. Purpose.

The purpose of this chapter is to assure that children receiving early childhood services be
provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to
their age and capabilities, so as to safeguard the health, safety, and development of those
children.
### § 50-11.1-02. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Applicant" means the person applying for a license to operate early childhood
services as an owner of an early childhood program, self-declaration, or registered
in-home provider.
2. "Child care center" means an early childhood program licensed to provide early
childhood services to nineteen or more children.
3. "Department" means the department of health and human services.
4. "Drop-in care" means the care of children on a one-time, occasional, or unscheduled
basis to meet the short-term needs of families.
5. "Early childhood program" means any program licensed under this chapter where
early childhood services are provided for at least two hours a day for three or more
days a week.
6. "Early childhood services" means the care, supervision, education, or guidance of a
child or children, which is provided in exchange for money, goods, or other services.
Early childhood services does not include:
a. Substitute parental child care provided pursuant to chapter 50-11.
b. Child care provided in any educational facility, whether public or private, in grade
one or above.
c. Child care provided in a kindergarten which has been established pursuant to
chapter 15.1-22 or a nonpublic elementary school program approved pursuant to
section 15.1-06-06.1.
d. Child care, preschool, and prekindergarten services provided to children under
six years of age in any educational facility through a program approved by the
department.
e. Child care provided in facilities operated in connection with a church, business, or
organization where children are cared for during periods of time not exceeding
four continuous hours while the child's parent is attending church services or is
engaged in other activities, on the premises.
f. Schools or classes for religious instruction conducted by religious orders during
the summer months for not more than two weeks, Sunday schools, weekly
catechism, or other classes for religious instruction.
g. Summer resident or day camps for children which serve no children under
six years of age for more than two weeks.
h. Sporting events, practices for sporting events, or sporting or physical activities
conducted under the supervision of an adult.
i. Head start and early head start programs that are federally funded and meet
federal head start performance standards.
j. Child care provided in a medical facility by medical personnel to children who are
ill.
k. A child care program certified by and in good standing with the United States
department of defense family child care certification program, in accordance with
department of defense instruction 6060.02, child development programs.
7. "Family child care" means a private residence licensed to provide early childhood
services for no more than seven children at any one time, except that the term
includes a residence licensed to provide early childhood services to two additional
school-age children.

8. "Four-year old program" means an approved child care program operated by a public
or private educational entity designed to serve children in the year before kindergarten.
9. "Group child care" means a child care program licensed to provide early childhood
services for thirty or fewer children.
10. "Household member" means an adult living in the private residence out of which a
program is operated, regardless of whether the adult is living there permanently or
temporarily.
11. "In-home provider" means any person who provides early childhood services to
children in the children's home.
12. "Licensed" means an early childhood program has the rights, authority, or permission
granted by the department to operate and provide early childhood services.
13. "Licensee" means the person to which a license has been issued under this chapter.
14. "Multiple licensed program" means an early childhood program licensed to provide
more than one type of early childhood services.
15. "Operator" means the person that has operational responsibility for the early childhood
program and premises at which the early childhood service operates.
16. "Owner" means the person who has legal responsibility for the early childhood
program and premises at which the early childhood service operates.
17. "Parent" means an individual with the legal relationship of father or mother to a child or
an individual who legally stands in place of a father or mother, including a legal
guardian or custodian.
18. "Premises" means the indoor and outdoor areas approved for providing early
childhood services.
19. "Preschool" means a program licensed to offer early childhood services, which follows
a preschool curriculum and course of study designed primarily to enhance the
educational development of the children enrolled and which serves no child for more
than three hours per day.
20. "Provider" means an early childhood program, self-declaration, or registered in-home
provider.
21. "Public approval" means a nonlicensed early childhood program operated by a
government entity that has self-certified that the program complies with this chapter.
22. "Registrant" means the holder of an in-home provider registration document issued by
the department in accordance with this chapter.
23. "Registration" means the process whereby the department maintains a record of all
in-home providers who have stated that they have complied or will comply with the
prescribed standards and adopted rules.
24. "Registration document" means a written instrument issued by the department to
publicly document that the registrant has complied with this chapter and the applicable
rules and standards as prescribed by the department.
25. "School-age child care" means a child care program licensed to provide early
childhood services on a regular basis for children aged at least five years through
eleven years.
26. "School-age children" means children aged at least five years but less than twelve
years of age.
27. "Self-declaration" means voluntary documentation of an individual providing 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.
28. "Staff member" means an individual:
a. Who is an employee or operator of an early childhood provider;
b. Whose activities involve the care, supervision, or guidance of children of an early
childhood provider; or
c. Who may have unsupervised access to children under the care, supervision, or
guidance of an early childhood provider.

### § 50-11.1-02.1. Number of children in program - How determined.

1. Except as provided under subsection 2, for the purpose of determining the number of
children receiving early childhood services, all children present on the premises and
under the age of twelve years must be counted for an in-home, self-declaration, family
child care, group child care, child care center, and preschool.
2. An in-home, self-declaration, family child care, and group child care provider's own
child, foster child, or grandchild over the age of eleven are exempt for the purpose of
determining the number of children receiving early childhood services under this
section.
3. For the purpose of determining the number of children receiving early childhood
services, all children present on the premises aged at least five years through age
eleven must be counted for school-age child care.
4. All children present are protected by this chapter regardless of whether money is
received or goods or other services are received for their care.
### § 50-11.1-02.2. Smoking prohibited on premises where early childhood services are

provided.
As provided by section 23-12-10, smoking is not permitted on the premises where early
childhood services are provided. For purposes of sections 23-12-09 and 23-12-10, a person
providing early childhood services as a registrant or pursuant to a self-declaration is considered
a child care facility subject to licensure by the department.
### § 50-11.1-02.3. Early childhood services staff - Training on infant safe sleep practices.

The department shall adopt rules to require a staff member of an early childhood service
provider who is responsible for the care or teaching of children under the age of one to annually
complete a department approved safe sleep training course.
### § 50-11-02.4. Early childhood services providers - Mandated reporter of suspected child

abuse or neglect - Training.
1. An early childhood services provider annually shall provide documentation to the
department of the provider's and the provider's staff members' completion of the online
interactive training module provided by the department for mandated reporters of
suspected child abuse or neglect.
2. This training must qualify for continuing education credits that count toward license
renewal.
### § 50-11.1-03. Operation of early childhood services program - License required - Fees.

1. A license for family child care is required if early childhood services are provided for
four or more children ages twenty-four months and under, or six or seven children
through age eleven at any one time which includes no more than three children under
twenty-four months of age.
2. A license for group child care is required if early childhood services are provided for at
least eight and no more than thirty children at any one time.
3. A license for a child care center is required if early childhood services are provided for
more than thirty children at any one time.
4. Except as provided under subsection 5, a person may not establish or operate a family
child care, group child care, preschool, school-age child care, or child care center
unless licensed to do so by the department.
5. A governmental organization may not establish or operate a family child care, group
child care, preschool, school-age child care, or child care center without first receiving
public approval by certifying, to the department, that it has complied with all rules
applicable to family child care, group child care, preschool, or school-age child care, or
to child care centers.
6. A license is not required for onsite child care services located in the actual building in
which the child's parent is employed, not to exceed ten children per location.

7. An applicant for a license shall submit the following nonrefundable fees with the
application:
a. The owner of a family child care applying for a license shall pay an annual license
fee of twenty dollars or if the license is issued for a two-year period, a fee of
thirty-five dollars.
b. The owner of a group child care applying for a license shall pay an annual license
fee of twenty-five dollars or if the license is issued for a two-year period, a fee of
forty-five dollars.
c. The owner of a preschool applying for a license shall pay an annual license fee of
thirty dollars or if the license is issued for a two-year period, a fee of fifty-five
dollars.
d. The owner of a child care center applying for a license shall pay an annual
license fee of forty dollars or if the license is issued for a two-year period, a fee of
seventy-five dollars.
e. The owner of a multiple licensed program applying for a license shall pay an
annual license fee of fifty dollars or if the license is issued for a two-year period, a
fee of ninety-five dollars.
8. An applicant for a license who currently holds a license or self-declaration shall submit
the nonrefundable fees set forth in subsection 7 with the application at least sixty days
and no more than ninety days before the expiration date of the applicant's current
license or self-declaration. If the nonrefundable fees and application are submitted less
than sixty days before the expiration date of the applicant's current license or
self-declaration, the applicant shall submit with the application two times the
nonrefundable fees set forth in subsection 7.
9. In addition to any criminal sanctions or other civil penalties that may be imposed
pursuant to law, the owner of an early childhood program who, after being given
written notice by the department, continues to provide early childhood services without
a license as required by this section is subject to a civil penalty of fifty dollars per day
for each day of operation without the required license. The civil penalty may be
imposed by the courts or by the department through an administrative hearing
pursuant to chapter 28-32.
10. All fees collected under subsections 7 and 8 must be paid to the department and must
be used to defray the cost, to the department, of investigating, inspecting, and
evaluating the applications or to provide training to providers.
11. Any hours of department-approved training related to child care which an applicant or
staff member completes after submitting the fees and application as required under
subsection 8 must be counted toward the licensing annual requirements for the
following year.
### § 50-11.1-03.1. Family child care home operator - Cardiopulmonary resuscitation

certification.
Repealed by S.L. 2009, ch. 422, § 27.
### § 50-11.1-04. Application for license - Prerequisites for issuance - License granted -

Term.
1. An application for operation of an early childhood program must be made on forms
provided, in the manner prescribed, by the department. The department shall
investigate the applicant's activities and proposed standards of care and shall make an
inspection of all premises to be used by the early childhood program applying for a
license. The applicant for a license and the staff members, and, if the application is for
a program that will be located in a private residence, every individual living in that
residence must be investigated in accordance with the rules adopted by the
department to determine whether any of them has a criminal record or has had a
confirmed decision for child abuse or neglect. The department may use the findings of
the investigation to determine licensure. Except as otherwise provided, the department
shall grant a license for the operation of an early childhood program within thirty days

of receipt of a completed application and all supporting documents by the department
and upon a showing:
a. The premises to be used are in fit and sanitary condition, are properly equipped
to provide for the health and safety for all children, and are maintained according
to rules adopted by the department;
b. Staff members are qualified to fulfill the duties required of the staff members
according to the provisions of this chapter and standards prescribed for staff
member qualifications by the rules of the department;
c. The application and supporting documents do not include any fraudulent or
untrue representations;
d. Neither the applicant nor anyone who is listed on the application has had a
previous license or self-declaration denied or revoked within the twelve months
before the date of the current application, unless waived by the department after
the department considers the health and safety of children and the licensing
history of the owner, operator, or applicant;
e. Neither the applicant nor anyone who is listed on the application has had three or
more previous licenses or self-declarations denied or revoked. The most recent
revocation or denial may not have occurred within the three years immediately
preceding the application date;
f. The applicant paid its license fees and any penalties and sanctions previously
assessed against the applicant or any program the applicant is associated with as
required by sections 50-11.1-03 and 50-11.1-07.4; and
g. Staff members have received training and are currently certified in infant and
pediatric cardiopulmonary resuscitation, including 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, and are currently certified
in first aid by a program approved by the department.
2. The license issued to an early childhood program may not be effective for longer than
two years.
3. The department may consider the applicant's past licensing, self-declaration, and
registration history in determining whether to issue a license.
4. The department may issue a provisional or restricted license in accordance with the
rules of the department. The department shall consider issuing a provisional or
restricted license before revoking a license. The department may require the applicant
or licensee to provide a compliance plan to address compliance issues with this
chapter and rules of the department. The department shall review the compliance plan
before issuing a provisional or restricted license. The department shall approve the
provisional license if the department approves the compliance plan. The department
may revoke a license if the licensee fails to comply with the department approved
compliance plan or for any additional violations of this chapter or rules of the
department.
5. The department shall notify the licensee and operator that the licensee and operator
are required to post a notice of late application at the early childhood program
premises if the department has not received a completed application and all
supporting documents for licensure or self-declaration renewal at least thirty days
before the expiration date of the early childhood program's license.
### § 50-11.1-04.1. Operations of child care home - License.

Repealed by S.L. 1985, ch. 526, § 18.
### § 50-11.1-05. Operation of family day care home - Registration required - Issuance of

registration certificate - Term.
Repealed by S.L. 1981, ch. 491, § 19.

### § 50-11.1-06. In-home provider - Registration voluntary - Prerequisites for approval -

Issuance of registration document - Term.
An in-home provider may apply for a registration document from the department. The
department shall determine whether the applicant meets the standards and shall issue or deny
a registration document based upon that determination. A registration document for an in-home
provider may not be effective for longer than one year. The application and supporting
documents may not include any fraudulent or untrue representations. The department may
consider the early childhood services history of the applicant in determining issuance of a
registration document. The department may investigate an applicant according to rules adopted
by the department to determine whether the applicant has a criminal record or has been the
subject of a confirmed decision for child abuse and neglect. The department may issue a
provisional in-home provider registration document in accordance with the rules of the
department.
### § 50-11.1-06.1. Conviction not bar to licensure, self-declaration, or registration -

Exceptions.
Conviction of an offense does not disqualify an individual from licensure, self-declaration, or
registration under this chapter unless the department determines:
1. The offense has a direct bearing upon the individual's ability to serve the public as the
owner or operator of an early childhood program, holder of a self-declaration, or an
in-home provider; or
2. Following conviction of any offense, the individual is not sufficiently rehabilitated under
section 12.1-33-02.1.
### § 50-11.1-06.2. Background investigations - Fees.

1. Upon a determination by the department a criminal history record check is appropriate,
the following individuals are to obtain two sets of the individual's fingerprints from a law
enforcement agency or other local agency authorized to take fingerprints:
a. A provider holding or an applicant for early childhood services licensure,
self-declaration, or in-home provider registration;
b. Emergency designees and staff members of providers holding and applicants for
early childhood services licensure, self-declaration, or in-home provider
registration; and
c. Household members of a residence out of which early childhood services are
provided.
2. The individual shall request the agency to submit the fingerprints and a completed
fingerprint card for each set to the department.
3. If the department has no record of a confirmed decision for child abuse or neglect, the
department shall submit the fingerprints to the bureau of criminal investigation to
determine if there is any criminal history record information regarding the applicant,
household members, or staff members in accordance with section 12-60-24.
4. The results of the investigations must be forwarded to the department.
5. The department may charge a fee not to exceed thirty dollars for the purpose of
processing the criminal history record information application.
6. The department is not subject to the fee imposed under section 12-60-16.9 when
requesting criminal history record information from the bureau of criminal investigation.
7. An agency that takes fingerprints as provided under this section may charge a
reasonable fee to offset the costs of the fingerprinting.
8. The department may use background investigation findings to determine approval,
denial, or revocation of an early childhood services license, self-declaration, or
in-home registration.
9. Any individual who is providing early childhood services solely for the provider's own
children, grandchildren, nieces, nephews, and cousins as an in-home provider may not
be required to submit to a criminal history record check authorized under section
50-06-01.9.

10. Unless an individual was separated from employment by a provider of early childhood
services for more than one hundred eighty days, a criminal history record check
conducted under this section and subsection 3 of section 50-06-01.9 is valid for five
years, after which the department shall require another criminal history record check.
### § 50-11.1-07. Investigation of applicant, licensee, holder of self-declaration or

registration document, and staff members - Inspection of programs and premises -
Maintenance of records - Confidentiality of records.
1. The department at any time may investigate and inspect an early childhood program,
or a holder of a self-declaration or registration document and the conditions of their
premises, the qualifications of current and prospective staff members, of any in-home
provider or applicant seeking or holding a license, self-declaration, or registration
document under this chapter.
2. Upon request of the department, the state fire marshal, or the fire marshal's designee,
shall inspect the premises for which a license, four-year old program approval, or
self-declaration is applied or issued and shall report the findings to the department.
3. A licensee, holder of a self-declaration, or registrant shall:
a. Maintain records as the department prescribes regarding each child in the
licensee's, holder's, or registrant's care and control, and shall report to the
department, when requested, on the forms provided in the manner prescribed by
the department, facts the department may require with reference to each child;
b. Admit for inspection the department and open for examination all records, books,
and reports; and
c. Notify the parent of each child receiving early childhood services and all staff
members of the process for reporting a complaint or a suspected licensing
violation.
4. Except as provided in subsection 5, all records and information maintained with
respect to any child receiving early childhood services are confidential and must be
properly safeguarded and may not be disclosed except:
a. In a judicial proceeding;
b. To officers of the law or other legally constituted boards or agencies;
c. To persons having a definite interest in the well-being of the child concerned and
who, in the judgment of the department, are in a position to serve the child's
interests should that be necessary;
d. To a provider or applicant that provides or provided care for the child; or
e. As outlined in a department-approved data sharing agreement.
5. A provider, upon the request of the parent of a child for whom the provider provides
such services, shall make available to the parent a list of the names, telephone
numbers, and addresses of the parents of children for whom early childhood services
are provided. The list may include only the names, telephone numbers, electronic mail
addresses, and addresses of parents who grant the provider permission to disclose
that information.
6. The following information for licensees, self-declarations, in-home providers, staff
members, and adults residing in a home out of which early childhood services are
provided is not confidential:
a. Name;
b. Address;
c. Telephone number; and
d. Electronic mail address.
### § 50-11.1-07.1. Notice.

After each inspection or reinspection, the department, by mail or electronic mail, shall send
copies of any correction order or notice of noncompliance, to the owner and operator of the
early childhood program or holder of a self-declaration.

### § 50-11.1-07.2. Correction orders.

1. If the department finds, upon inspection, the program, self-declaration, or premises is
not in compliance with this chapter or the rules adopted under this chapter, the
department may issue a correction order to the licensee or holder of a self-declaration,
provided the department does not revoke the license or self-declaration as a result of
the noncompliance. The correction order must cite the specific statute or rule violated,
state the factual basis of the violation, state the suggested method of correction, and
specify the time allowed for correction. The correction order must also specify the
amount of any fiscal sanction to be assessed if the licensee or holder of a
self-declaration fails to comply with the correction order in a timely fashion. This
section does not apply to an applicant's failure to comply with subsection 8 of section
2. Within ten business days upon mailing or three days upon electronic transmission of
the correction order, the licensee or the holder of a self-declaration shall notify the
parent of each child receiving early childhood services that a correction order has
been issued. In addition to providing notice to the parent of each child, the licensee or
holder of a self-declaration shall post the correction order in a conspicuous location
upon the early childhood premises until the violation has been corrected or for five
days, whichever is longer.
### § 50-11.1-07.3. Reinspections.

The department shall reinspect or review an early childhood program or holder of a
self-declaration that was issued a correction order under section 50-11.1-07.2, at the end of the
period allowed for correction. If, upon reinspection or review, the department determines the
program or holder of a self-declaration has not corrected a violation identified in the correction
order, the department shall mail or send by electronic mail to the program or the holder of a
self-declaration, a notice of noncompliance with the correction order. The notice must specify
the violations not corrected and the penalties assessed in accordance with section 50-11.1-07.5.
### § 50-11.1-07.4. Fiscal sanctions.

If the department issues a notice of noncompliance with a correction order to an early
childhood program or holder of a self-declaration, the department shall assess fiscal sanctions
in accordance with a schedule of fiscal sanctions established by rules adopted by the
department under subsection 2 of section 50-11.1-08. The department shall assess a fiscal
sanction for each day the early childhood program or holder of a self-declaration remains in
noncompliance after the allowable time period for the correction of violations ends and the
sanction must continue as set forth in section 50-11.1-07.6 until the department receives notice
indicating the violations are corrected. The fiscal sanction for a specific violation may not exceed
one hundred dollars per day of noncompliance.
### § 50-11.1-07.5. Accumulation of fiscal sanctions.

A licensee or holder of a self-declaration promptly shall notify the department in writing if 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 violation must stop accruing. The
department shall reinspect or review the early childhood program or premises out of which the
holder of the self-declaration is operating within three working days after receipt of the
notification. If, upon reinspection or review, the department determines a violation has not been
corrected, the department shall resume the daily assessment of fiscal sanction and shall add
the amount of fiscal sanction which otherwise would have accrued during the period before
resumption to the total assessment due from the licensee or holder of the self-declaration. The
department shall notify the licensee or holder of a self-declaration of the resumption by mail or
electronic mail. Recovery of the resumed fiscal sanction must be stayed if the licensee or holder
of a self-declaration makes a written request for an administrative hearing in the manner
provided in chapter 28-32, if written request for the hearing is made to the department within
fifteen days upon mailing or ten days upon electronic transmission of the notice of resumption.

### § 50-11.1-07.6. Recovery of fiscal sanctions - Hearing.

Fiscal sanctions assessed pursuant to this chapter are payable twenty days upon mailing or
fifteen days upon electronic transmission 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 licensee or holder of a self-declaration makes written request to the
department for an administrative hearing within fifteen days upon mailing or ten days upon
electronic transmission of the notice to the licensee or the holder of the self-declaration. If the
appeal is unsuccessful or withdrawn, the daily assessment of fiscal sanctions must resume and
the department shall add the amount of fiscal sanctions which otherwise would have accrued
during the period prior to resumption to the total assessment due from the licensee or the holder
of a self-declaration. The department shall notify the licensee or the holder of a self-declaration
of the resumption by mail or electronic mail.
### § 50-11.1-07.7. Disposition of fiscal sanctions.

Any fiscal sanction which is 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.
### § 50-11.1-07.8. Suspension of license, self-declaration, or registration document -

Assessment upon a report of child abuse or neglect - Notification.
1. The department may:
a. Suspend a license, self-declaration, or registration document at any time after the
onset of a child abuse and neglect assessment alleging the owner or staff, the
holder of a self-declaration, or the in-home provider:
(1) Committed child abuse, including child sexual abuse, law enforcement has
been involved, and continued operation is likely to jeopardize the health and
safety of the children; or
(2) Neglected a child, law enforcement has been involved, and continued
operation is likely to jeopardize the health and safety of the children.
b. Suspend a license, self-declaration, or registration document upon a child abuse
or neglect confirmed decision indicating a child has been abused or neglected by
the owner or staff, the holder of a self-declaration, or the in-home provider, if
continued operation is likely to jeopardize the health and safety of the children
present.
c. Prohibit the presence of an accused owner, holder of a self-declaration, in-home
provider, staff member, or adult or minor household member of the early
childhood program, self-declaration, or in-home provider from the early childhood
premises when children are in child care, upon a report of child abuse or neglect
at the premises of the early childhood program, holder of the self-declaration, or
registration, or involving a staff member or adult or minor household member if
continued operation or the presence of the accused individual is likely to
jeopardize the health and safety of the children present.
2. Notwithstanding sections 50-11.1-07 and 50-25.1-11, the department:
a. Shall notify the parent of any child receiving early childhood services if that
program's license, self-declaration, or registration document is suspended.
b. Shall notify the owner and operator, holder of a self-declaration, or in-home
provider and shall notify the parent of any child receiving early childhood services
if an owner, holder of a self-declaration, in-home provider, staff member, or adult
or minor household member of the program providing care of the child is the
subject of a child abuse and neglect assessment and the department determines:
(1) The reported child abuse or neglect places children in the early childhood
program, self-declaration, or in-home provider at risk of abuse or neglect;
and
(2) If the reported child abuse or neglect occurred outside the care, supervision,
or guidance of children in an early childhood program, self-declaration, or
in-home provider, there was an impact or is a potential impact on care,

supervision, or guidance of the children in the early childhood program,
self-declaration, or in-home provider.
c. Shall notify the owner and operator, holder of a self-declaration, or in-home
provider and shall notify the parent of any child receiving early childhood services
that an owner, holder of a self-declaration, in-home provider, staff member, or
adult or minor household member is prohibited from the premises of the early
childhood program, self-declaration, or in-home provider under subsection 1.
3. Upon the conclusion and disposition of a child abuse and neglect assessment for
which a confirmed decision is found or for which the department issued a notice under
subsection 2, the department shall provide notification of the disposition to the parent
of each child who at the time of the determination is receiving early childhood services.
4. Notwithstanding any provision to the contrary, any action taken under this section may
preclude an individual's ability to operate pending an appeal.
5. Notwithstanding subsections 2 and 3:
a. The department may reconsider a suspension or prohibition.
b. If law enforcement requests a delay in notification, the department may delay
notifying the owner and operator, holder of a self-declaration, or in-home provider
and delay notifying the parent of any child receiving early childhood services. To
be valid, a law enforcement request for a notification delay must be provided to
the department in writing within forty-eight hours of law enforcement receiving
notification of an alleged criminal matter. A notification delay may last up to sixty
days and, upon request of law enforcement, may be renewed.
### § 50-11.1-08. Minimum standards - Rules - Inspection by a governmental unit.

The department may:
1. Establish reasonable minimum standards for the operation of early childhood
programs, self-declaration, and the registration of in-home providers. In appropriate
circumstances and upon good cause shown, specific minimum standards may be
substituted by alternate, equivalent standards, approved by the department.
2. Take such action and make reasonable rules for the regulation of early childhood
services necessary to carry out the purposes of this chapter and entitle the state to
receive aid from the federal government.
3. Authorize a governmental unit to:
a. Inspect the premises for which a license, self-declaration, or registration
document is applied or issued under this chapter; and
b. Certify to the department that the premises of a program, holder of
self-declaration, or registration document meets the requirements of this chapter
and the minimum standards prescribed by the department.
### § 50-11.1-09. Revocation of license, self-declaration, or registration document.

1. The department may revoke the license, self-declaration, or registration document of
any provider upon proper showing of any of the following:
a. Any of the applicable conditions set forth in sections 50-11.1-04, 50-11.1-06, and
section 50-11.1-17 as prerequisites for the issuance of the license,
self-declaration, or registration document no longer exist.
b. The licensee, holder of a self-declaration, or registrant is no longer in compliance
with the minimum standards prescribed by the department.
c. The license, self-declaration, or registration document was issued upon
fraudulent or untrue representation.
d. The licensee, holder of a self-declaration, or registrant has violated any rules of
the department.
e. The licensee, holder of a self-declaration, registrant, or a household member of a
home out of which early childhood services are provided has been found guilty of,
or pled guilty to, an offense the department determines has a direct bearing upon
an individual's ability to serve the public as a licensee, a holder of a
self-declaration, or a registrant.

f. The licensee, holder of a self-declaration, or registrant has been convicted of any
offense and the department, acting pursuant to section 12.1-33-02.1, has
determined that the individual has not been sufficiently rehabilitated.
g. The department may consider the early childhood services history of the licensee,
holder of a self-declaration, or registrant in determining revocation of a license,
self-declaration, or in-home registration document.
2. The department shall notify, in writing, the parent of each child receiving early
childhood services from the provider that is the subject of the revocation notice.
### § 50-11.1-10. Denial or revocation of license, four-year old program approval,

self-declaration, or registration document - Administrative hearing.
Before the department may deny any application for a license, four-year old program
approval, self-declaration, or registration document under this chapter or before the department
may revoke any license, four-year old program approval, self-declaration, or registration
document, the department shall provide a written notice to the applicant, licensee, or holder of
the four-year old program approval, self-declaration, or registration document of the reasons for
the denial or revocation. The applicant, licensee, holder of a four-year old program approval or
self-declaration, or registrant may request an administrative hearing appealing the denial or
revocation in the manner provided in chapter 28-32. The applicant, licensee, holder of a
self-declaration, or registrant shall make a request for hearing to the department within ten days
after receipt of the notice of denial or revocation from the department.
### § 50-11.1-11. Public agency purchase of early childhood services.

No agency of state or local government may purchase early childhood services, including
care provided by or in the home of a relative, unless the early childhood program is licensed,
registered, or approved by the department.
### § 50-11.1-11.1. Resource and referral services - Authority of department to make grants

- Federal funds - Components.
1. The department may make grants to public and private nonprofit entities for the
planning, establishment, expansion, improvement, or operation of early childhood
services. Public or private nonprofit entities may apply to the department for funding.
Applicants shall apply for grants on forms provided by the department. Applications for
grants using funds received by the state under subsection 2 must include assurances
that federal requirements have been met.
2. The department shall submit an application annually to the United States secretary of
health and human services for the purpose of obtaining the state's allotment of funds
authorized under chapter 8 of title VI of the Omnibus Budget Reconciliation Act of
1981 [42 U.S.C. 9871-9877] or under any subsequent federal law providing funding for
child care and development programs.
3. Each public or private nonprofit entity or the department providing early childhood
resource and referral services shall identify all existing related early childhood services
through information provided by all relevant public and private nonprofit entities in the
areas of service and must develop a resource file of these services which must be
maintained and updated at least quarterly. The services must include early childhood
services as identified in section 50-11.1-02.
4. Each public or private nonprofit entity or the department providing early childhood
resource and referral services shall establish a referral process that responds to
parental needs for information, fully ensures the confidentiality of records and
information as required under subsection 4 of section 50-11.1-07, affords parents
maximum access to all referral information, and includes telephone referral available
for no less than twenty hours per week and access via the internet. Each public or
private nonprofit entity or the department shall publicize its services through popular
media sources, agencies, employers, and other appropriate methods.

5. All early childhood services resource and referral public and private nonprofit entities
or the department shall maintain documentation of the number of calls and contacts
received and information required or requested by the department.
6. Each early childhood services resource and referral public or private nonprofit entity or
the department shall have available, as an educational aid to parents, information on
available parent, early childhood, and family education programs in the community and
information on aspects of evaluating the quality and suitability of early childhood
services, including licensing regulation, financial assistance availability, child abuse
reporting procedures, and appropriate child development information.
7. A child care resource and referral public or private nonprofit entity or the department
shall provide technical assistance to existing and potential providers of all types of
early childhood services and to employers.
8. Services prescribed by this section must be designed to maximize parental choice in
the selection of early childhood services and to facilitate the maintenance and
development of such services and resources.
### § 50-11.1-12. Violation of chapter or rules - Injunction.

The department may seek injunctive action against an individual who provides early
childhood services for which licensure is required, a licensee, holder of a self-declaration, or
in-home provider in the district court through proceedings instituted by the attorney general on
behalf of the department, if:
1. There is a violation of this chapter or a rule adopted under this chapter; or
2. A licensee, holder of a self-declaration, or in-home provider, after notice and
opportunity for hearing on the notice of noncompliance, on the resumption of the fiscal
sanction, or after administrative hearing confirming and upholding the fiscal sanction
does not pay a properly assessed fiscal sanction in accordance with section
50-11.1-07.6.
### § 50-11.1-13. Penalty.

Any person, partnership, firm, corporation, limited liability company, association, or
organization who violates any of the provisions of this chapter is guilty of a class B
misdemeanor.
### § 50-11.1-13.1. Penalty for provision of services - When applicable.

1. An individual who provides early childhood services to any child, other than a child
who is a member of that individual's household, is guilty of a class B misdemeanor if:
a. Those services are provided after that individual is required to register as a
sexual offender;
b. The department has denied that individual's application for licensure, or
self-declaration, or registration to provide early childhood services or has revoked
that individual's license, self-declaration, or registration document to provide early
childhood services following a finding that services are required under chapter
50-25.1 and that finding has become final or has not been contested by that
individual;
c. The individual allows another individual to be in the presence of the child
receiving early childhood services if that other individual is required to register as
a sexual offender or has had an application for licensure, self-declaration, or
registration to provide early childhood services denied or revoked by the
department following a finding that services are required under chapter 50-25.1
and that finding has become final or has not been contested by that other
individual; or
d. The individual has been found guilty of, pled guilty to, or pled no contest to:
(1) An offense described under chapter 12.1-16, 12.1-18, 12.1-27.2, or 12.1-41;
section 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-03, 12.1-17-04,
12.1-17-06, 12.1-17-07.1, 12.1-17-12, 12.1-20-03, 12.1-20-03.1, 12.1-20-04,

12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-07, 12.1-21-01, 12.1-22-01,
12.1-29-01, 12.1-29-02, 12.1-31-05, or 14-09-22; or subdivision b of
subsection 2 of section 12.1-22-02.
(2) An offense under the laws of another jurisdiction which requires proof of
substantially similar elements as the elements required for conviction under
any offense identified in paragraph 1.
2. An individual is not guilty of a class B misdemeanor under paragraphs b and c of
subsection 1 if the department has made a determination that the individual is able to
provide care that is free of abuse and neglect, in spite of a finding that services are
required under chapter 50-25.1, which has become final or has not been contested.
3. An individual is not guilty of a class B misdemeanor under subdivision d of
subsection 1 in the case of a misdemeanor offense described under sections
12.1-17-01, 12.1-17-03, 12.1-17-06, or 12.1-17-07.1, or an equivalent offense in
another jurisdiction which requires proof of substantially similar elements as required
for conviction for offenses under sections 12.1-17-01, 12.1-17-03, 12.1-17-06, or
12.1-17-07.1, 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.
### § 50-11.1-14. Workforce development.

1. The department may establish a statewide system to build systematic early childhood
workforce voluntary training which may include various learning formats, a
professional registry, certificates, and specializations.
2. The department may charge reasonable fees for all training and development courses
to offset costs. All fees collected under this section must be paid to the department and
must be used to defray the cost of providing training and development courses to
providers and staff members of early childhood services.
### § 50-11.1-14.1. Workforce development - Quality improvement - Technical assistance -

Capacity building.
1. The department shall provide voluntary, progressive training opportunities leading to
credentials and shall provide supports for the early childhood workforce. The
department shall implement a registry to track workforce participation.
2. The department shall implement a voluntary quality improvement process for early
childhood programs. The department may provide a quality incentive payment and a
higher reimbursement rate for child care assistance program payments to a
participating early childhood program. The department may provide technical
assistance and support to an early childhood program that applies for quality
improvement and may provide financial incentives to an early childhood program that
sustains and increases program quality. The department may contract with a public or
private nonprofit entity to provide technical assistance under this subsection.
3. The department may provide supports and incentives to build child care capacity or
quality, including:
a. Technical assistance and support to individuals who want to establish a new
program or expand existing capacity to include information on needs
assessments, regulatory processes, facility design and furnishings, startup and
operating budgets, staffing patterns, curriculum evaluation, and development of
business plans.
b. Direct payments to programs with a viable business plan and sustainable
operations, to support early childhood program development, operation, and
expansion in areas with a demonstrated need.
c. Direct payments to staff to incentivize training and professional development in
the manner prescribed by the department.
4. The department shall coordinate with other state agencies as necessary to implement
the provisions of this section.

5. The requirements of chapter 54-44.4 do not apply to the selection of a recipient,
award, or payments made under this section.
### § 50-11.1-15. Early childhood services advisory board - Membership - Duties.

1. The early childhood services advisory board is composed of seven members
appointed by the commissioner of the department. The members of the board must
include a broad-based geographically distributed membership. The term of office is
four years expiring on July thirty-first with no more than two terms expiring in any one
year. A vacancy occurring other than by reason of the expiration of a term must be
filled in the same manner as the original appointment, except that the appointment
may be made for only the remainder of the unexpired term. The members are entitled
to be paid for mileage and expenses incurred in attending meetings and in
performance of their official duties in amounts provided by law for other state officers
and employees. A member also is entitled to be reimbursed up to two hundred dollars
per day for the expenses incurred by the member which relate to the hiring of a
substitute provider or staff in order that the member may attend meetings and perform
the member's official duties.
2. The early childhood services advisory board shall:
a. Advise the department each time the department reviews early childhood
services rules;
b. Upon the completion of the department's review, with the assistance of the
department, conduct an analysis of and make recommendations to the
department regarding the department's review of the early childhood services
rules, however, final approval of any administrative rule changes must be
completed through the administrative rulemaking process set forth in chapter
28-32; and
c. On an ongoing basis, make recommendations to the department regarding
changes and revisions to the early childhood services rules. The
recommendations, the goal of which is to streamline and improve the quality of
the early childhood services process, must seek to balance the need for rules that
ensure safe quality child care with the need to revise or eliminate rules that create
unnecessary barriers for providers.
### § 50-11.1-16. Self-declaration - Approved application required - Fees.

1. a. An application for self-declaration is voluntary. If an individual applies for
self-declaration from the department, the department shall determine whether the
standards for self-declaration have been met and shall approve or deny a
self-declaration based upon that determination.
b. An applicant for self-declaration shall pay a nonrefundable fee of fifteen dollars at
the time the application is filed.
c. An applicant for self-declaration, who currently holds a license or self-declaration,
shall submit the nonrefundable fees with the application at least sixty days and no
more than ninety days before the expiration date of the applicant's current license
or self-declaration. If the nonrefundable fees and application are submitted less
than sixty days before expiration of the applicant's current license or
self-declaration, the applicant shall submit with the application two times the
regular nonrefundable fees.
2. All fees collected under this section must be paid to the department and must be used
to defray the cost of investigating, inspecting, and evaluating applications for
self-declarations or to provide training to providers.
### § 50-11.1-17. Application for self-declaration - Prerequisites for approval - Approval -

Term.
1. Applications for self-declarations must be made on forms provided and in the manner
prescribed by the department. The department shall investigate the applicant and

every individual living in the private residence and shall conduct a background check.
The department shall conduct the investigation in accordance with the rules adopted
by the department and shall determine whether any of them has a criminal record or
has had a confirmed decision for child abuse or neglect. Except as otherwise provided,
the department shall approve a self-declaration within thirty days of receipt of a
completed application and all supporting documents by the department and upon the
applicant's declaration:
a. The premises to be used are in fit and sanitary condition to provide for the health
and safety of all children and are maintained according to the standards
prescribed by the rules of the department;
b. The applicant is able to provide for the health and safety of each child receiving
early childhood services from the applicant according to this chapter and
standards prescribed by the department as set forth in the rules of the
department;
c. The applicant has not had a previous license or self-declaration denied or
revoked within the twelve months before the date of the current application;
d. The applicant has not had three or more previous licenses or self-declarations
denied or revoked. The most recent revocation or denial may not have occurred
within five years of the application date;
e. The applicant has paid the required application fees;
f. The applicant has paid any penalties and sanctions assessed against the holder
of a self-declaration required by sections 50-11.1-03 and 50-11.1-07.4;
g. The applicant is currently certified in infant and pediatric cardiopulmonary
resuscitation, including the use of an automated external defibrillator by the
American heart association, the American red cross, or a similar cardiopulmonary
resuscitation and automated external defibrillator training program approved by
the department;
h. The emergency designee used by the applicant, if any, is currently certified in
infant and pediatric cardiopulmonary resuscitation, including the use of an
automated external defibrillator by the American heart association, the American
red cross, or a similar cardiopulmonary resuscitation and automated external
defibrillator training program approved by the department;
i. The applicant is currently certified in first aid through a training program approved
by the department; and
j. The application and supporting documents do not include any fraudulent or
untrue representations.
2. The department may consider the early childhood services history of the applicant in
determining issuance of a self-declaration document.
3. The department may issue a provisional self-declaration document in accordance with
the rules of the department. The department shall consider issuing a provisional or
restricted self-declaration document before revoking a self-declaration document. The
department may require the holder of a self-declaration to provide a compliance plan
to address compliance issues with this chapter and rules of the department. The
department shall review the compliance plan before issuing a provisional or restricted
self-declaration document. The department shall approve the provisional self-
declaration document if the department approves the compliance plan. The
department may revoke a self-declaration document if the holder of a self-declaration
fails to comply with the department approved compliance plan or for any additional
violations of this chapter or rules of the department.
4. The department shall notify the holder of a self-declaration that the holder of a
self-declaration is required to post a notice of late application at the self-declaration
premises if the department has not received a completed application and all
supporting documents for licensure or self-declaration renewal at least thirty days
before the expiration date of a self-declaration.

### § 50-11.1-18. Early childhood inclusion support services program.

1. The department may establish an early childhood inclusion support services program
for providers that provide care for children with disabilities, special needs, or
developmental delays. The early childhood inclusion support services program may
offer direct payments and technical assistance to:
a. Support the staffing needs to expand the ability to care for children with
disabilities, special needs, or developmental delays; and
b. Assist in modifying or adapting the early childhood services setting as needed to
address the health, safety, and developmental needs of children with disabilities,
special needs, or developmental delays.
2. The department may fund early childhood services specialists to make available
technical assistance to providers that care for children with disabilities, special needs,
or developmental delays. The technical assistance program must be designed to:
a. Assist providers that request support and information regarding caring for children
with disabilities, special needs, or developmental delays;
b. Assist providers in adapting the program environment and care practices to meet
the individual child's needs and to build the providers' capacity to serve children
with disabilities, special needs, or developmental delays;
c. In partnership with the child's parents and health care provider, assist the
provider in the development or coordination of care plans for children with
disabilities, special needs, or developmental delays relevant to the care setting;
d. In partnership with the child's parents, foster communication with the team of
specialists serving the child to ensure consistency in therapy practices and
appropriate approaches;
e. Provide classroom training to providers to assist the providers in the integration of
children with disabilities, special needs, or developmental delays; and
f. As requested by the providers, conduct one-on-one training at the provider's
premises to assist the provider in the integration of children with disabilities,
special needs, or developmental delays.
3. To be eligible for the early childhood inclusion support services program, the provider
must:
a. Be a licensed early childhood program or self-declared;
b. Collaborate with service providers that provide formal supports to the child or
children with disabilities, special needs, or developmental delays; and
c. Work with the child's family and an inclusion or health specialist to complete a
care plan appropriate for the child care setting.
4. For purposes of this section, a child with special needs includes any child in this state
between the ages of birth through twelve years who receives support through either
public or private disability-related services and support and includes a child who is in
the process of being evaluated for public or private disability-related services and
support. A child with special needs includes a child who is at risk for developmental
delays including any child between the ages of birth through twelve years who
received foster care services; who has a previous substantiated history as a victim of
child abuse, neglect, or domestic violence; who is homeless; who has documented
special health care needs; or who has a parent with a significant disability.
5. The department may accept gifts, grants, and donations from any source to assist the
department in the establishment and implementation of the early childhood services
inclusion support services program. Any gifts, grants, and donations received are
appropriated to the department on a continuing basis for the purpose of funding the
early childhood services inclusion support services program under this section.
6. The requirements of chapter 54-44.4 do not apply to the selection of a recipient,
award, or payments made under this section.
### § 50-11.1-19. Play area regulation.

If an early childhood program under this chapter has sufficient indoor recreation space, the
department may not require outdoor play space.

### § 50-11.1-20. Staffing requirements.

Expired under S.L. 2013, ch. 376, § 10.
### § 50-11.1-21. Four-year old program - Approval.

1. A person or school district operating or seeking to operate a four-year old program
may request approval for a two-year period of the four-year old program from the
department. The department shall approve a four-year old program if the program:
a. Is taught by individuals licensed or approved to teach in early childhood
education by the education standards and practices board;
b. Follows four-year old program requirements approved by the department;
c. Is in compliance with all municipal and state health, fire, and safety requirements;
d. Limits enrollment to children who have reached the age of four years old before
August first in the year of enrollment, unless the child will be four years old before
December first and the school district determines, based on child development
factors, including development milestones, school readiness, and other individual
considerations, to allow a child to enroll based on a request;
e. Submits a nonrefundable fee of fifty dollars when the application is filed. All fees
collected under this section must be paid to the department and must be used to
defray the cost of investigating, inspecting, and evaluating applications for
approval; and
f. Is in compliance with this chapter.
2. In determining the state aid payments to which a school district is entitled, the
superintendent of public instruction may not count a student enrolled in a regular
four-year old program.
3. The department may investigate and inspect a four-year old program applicant or
four-year old program and the conditions of the premises and the qualifications of
current and prospective staff. The department may use the findings of the investigation
and inspection to determine approval.
4. The department may revoke the four-year old program upon proper showing that:
a. Any applicable conditions as prerequisites for the issuance of the approval no
longer exist.
b. The program is no longer in compliance with the minimum standards prescribed
by the department.
c. The program approval was issued upon fraudulent or untrue presentation.
d. The program has violated any rules of the department.
5. If an action to revoke a four-year old program approval is appealed, the provider may
continue the operation of the program pending the final administrative determination or
until the approval expires, whichever occurs first.
### § 50-11.1-22. Best in class program.

1. A program deemed eligible under section 50-11.1-23 may submit an application for the
best in class program. An approved program is eligible for an annual award based on
program characteristics as established by the department, including approved group
size. The award must be matched with other funds in an amount and manner
established by the department. The department shall assign a program support coach
to each approved program. An approved program:
a. Shall utilize the assigned support coach and utilize the sliding fee scale for parent
fees, as established by the department.
b. May use awarded funds to support the provision of quality early childhood
experiences, including expenditures related to staffing, training, equipment, and
supplies.
c. May not use awarded funds for construction or rehabilitation. An approved
program must enter an agreement with the department.
2. The department may not collect equipment or supplies purchased with awarded funds
from the approved program after successful completion of the term of the agreement.

3. The requirements of chapter 54-44.4 do not apply to the selection of a recipient,
award, or payments made under this section.
### § 50-11.1-23. Eligibility for best in class program.

1. An approved four-year old program, federally funded head start program, or early
childhood program may submit, in the form and manner prescribed by the department,
an application to the department under section 50-11.1-22, if the provider certifies to
the department the provider:
a. Operates an approved four-year old program, federally funded head start
program, or early childhood program in this state;
b. Operates a program for children who have reached four years of age before
August first in the year of enrollment, unless otherwise provided in subdivision d
of subsection 1 of section 50-11.1-21;
c. Operates a program that has a duration of at least four hundred hours over a
period of at least thirty-two consecutive weeks;
d. Incorporates within the program at least ten hours of research-based family
engagement;
e. Has been determined to meet the standards and expectations of no less than
step three in the North Dakota early childhood quality improvement system; has
met the standards and expectations of a nationally recognized early childhood
accrediting entity; has met the federal performance standards for head start; or
has obtained approval or certification from the department of public instruction;
f. Admits children of all learning abilities;
g. Admits children who receive assistance from the child care assistance program;
and
h. Operates in compliance with the program requirements, including:
(1) Complying with requirements related to qualifications, training, and
professional development of staff delivering services in the best in class
program; and
(2) Adhering to expectations established by the department related to best in
class program monitoring, operation, and oversight.
2. The department may distribute funds under this section to approved applicants.
3. The department may recapture funds from an awarded program that is found by the
department to be out of compliance with requirements established for the best in class
program.
4. The requirements of chapter 54-44.4 do not apply to the selection of a recipient,
award, or payments made under this section.
### § 50-11.1-24. Program data collection - Requirements.

The department shall implement a uniform system for the accounting, budgeting, and
reporting of data by any approved best in class program to whom or to which direct payments
are distributed under section 50-11.1-23. Awarded funds may be withheld or forfeited, in whole
or in part, if information required in accordance with this section is not submitted at the time or in
the manner requested by the department. An awarded program shall consent to provide
information needed to comply with data collection and program evaluation requirements.
### § 50-11.1-25. North Dakota early childhood council - Membership - Terms.

Repealed by S.L. 2025, ch. 479, § 39.
### § 50-11.1-26. North Dakota early childhood council - Duties - Reports.

Repealed by S.L. 2025, ch. 479, § 39.
### § 50-11.1-27. North Dakota early childhood council members - Reimbursements for

expenses.
Repealed by S.L. 2025, ch. 479, § 39.
