# Title 50 — Public Welfare

## Chapter 50-12 — Child-Placing Agency

### § 50-12-01. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Child-placing agency" means any person undertaking to place children in family
homes for temporary or permanent care.
2. "Placement" means the transfer of physical custody of a child from a birth parent for
foster or adoptive care until an adoption is finalized.
### § 50-12-02. Child-placing agency licensed - Rules.

Every child-placing agency shall secure a license from the department of health and human
services. The department shall adopt rules establishing the requirements for licensure as a
child-placing agency.
### § 50-12-02.1. Out-of-state child-placing agency license requirements.

Repealed by S.L. 2025, ch. 449, § 6.
### § 50-12-03. Requirements for licensure and employment - Term - Moral or religious

conviction not bar to licensure or employment.
The department of health and human services shall issue licenses for the conduct of
child-placing agencies upon application. A child-placing agency shall require a criminal history
record investigation on the owner and each employee, volunteer, or student for field placement
of a child-placing agency who has direct contact with families, with children, or with both. The
department of health and human services shall consider any criminal history record information
available about the owner at the time a licensing decision is made and about an employee prior
to the owner or the employee having direct contact with families, with children, or with both.
Licenses must be granted for a period not exceeding two years. Licenses must be issued to
reputable and responsible applicants upon a showing that they, and their agents, are equipped
properly by training and experience to find and select suitable temporary or permanent homes
for children and to supervise the homes when children are placed in them, to the end that the
health, morality, and general well-being of children placed by them will be properly safeguarded.
The department of health and human services may not deny a license because of the
applicant's objection to performing, assisting, counseling, recommending, facilitating, referring,
or participating in a placement that violates the applicant's written religious or moral convictions
or policies.
### § 50-12-03.1. Conviction not bar to licensure or employment - Exceptions.

Conviction of an offense does not disqualify a person from licensure or employment under
this chapter unless the department of health and human services determines that the offense
has a direct bearing upon a person's ability to serve the public as the owner or employee of a
child-placing agency, or that, following the person's conviction of any offense, the person is not
sufficiently rehabilitated under section 12.1-33-02.1.
### § 50-12-03.2. Criminal history record investigation required.

1. A child-placing agency shall include, in any adoptive home study report, the results of
a criminal history record investigation made under this section. If the results reveal a
conviction of a crime described in chapter 50-11.3 or determined by the department to
have a direct bearing upon the person's ability to provide a suitable home for
placement of any child, or the department determines, following conviction of any other
offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1, the
home study report must include a determination that a home provided by the
prospective adoptive parent is not a suitable home for the placement of any child and
a recommendation that the petition for adoption be denied. A child-placing agency

shall consider any criminal history record information available when making a
recommendation in a home study report.
2. A child-placing agency 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 any prospective adoptive parent
and any adult living in the prospective adoptive parent's household. Upon a request of
a child-placing agency, a law enforcement agency shall take fingerprints of any
prospective adoptive parent and any adult living in the prospective adoptive parent's
household for purposes of this section. An agency that takes fingerprints as provided
under this section may charge a reasonable fee to offset the cost of fingerprinting.
3. The child-placing agency shall assure that information obtained under subsection 2 is
provided to the department of health and human services and shall arrange payment
to the bureau of criminal investigation sufficient to defray the cost of securing criminal
history record information under this section.
4. Upon receipt of all fingerprints and necessary information relating to a criminal history
record investigation, the department of health and human services shall submit those
fingerprints and that information to the bureau of criminal investigation.
5. 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 of health and human
services. The bureau of criminal investigation shall also provide any criminal history
record information that may lawfully be made available under chapter 12-60 to the
department.
6. The department of health and human services shall provide the child-placing agency
with any information, received under this section from the bureau of criminal
investigation, that the department of health and human services is not prevented by
federal law from disclosing to the child-placing agency.
7. The department of health and human services may adopt emergency rules under this
section without the finding otherwise required under section 28-32-02.
8. A criminal history record investigation completed under this section may be used to
satisfy the criminal history record investigation requirements of sections 50-11-06.8
and 50-11.3-01.
### § 50-12-04. Contents of license.

The license to conduct a child-placing agency issued under the provisions of this chapter
must set forth:
1. The name and address of the licensee.
2. The number of children who may be placed by the licensee during the term for which
the license is issued.
3. Whether the licensee is authorized to find foster or adoptive homes for children, or
both.
### § 50-12-05. Department may prescribe form of records - Make rules - Records open for

inspection.
The department of health and human services may prescribe the forms for the registration
and record of children placed by a child-placing agency. The department shall make such
reasonable rules and regulations in connection with such placements as are necessary to carry
out the purposes of this chapter. All records must be open to the inspection of the department.
### § 50-12-06. Placement contract.

Every child-placing agency upon placing a child in a foster or an adoptive home shall enter
a written agreement with the persons taking the child. The agreement must provide:
1. The placing agency has access at all reasonable times to such child and to the home
in which the child is living; and

2. For the return of the child to the placing agency whenever in the opinion of the agency,
or of the department of health and human services, the best interests of the child
require the return.
### § 50-12-07. Duties of licensee.

Every licensee shall:
1. Keep a full record and social history of each child received for placement and a similar
record and history of the licensee's family.
2. Report to the department of health and human services:
a. The name and address of each child to be placed in a foster or an adoptive
home;
b. The name and address of the proposed foster or adoptive parents; and
c. Any other facts and information as requested by the department.
3. Visit the proposed foster or adoptive home at frequent intervals and make all
necessary inquiries and investigations as may be necessary to determine whether the
child will become properly adjusted in the home.
4. Continue to visit and supervise each placement as often as may be required by the
department and report in writing to the department the conditions as ascertained by a
visit.
### § 50-12-07.1. Objection to placement for religious or moral convictions or policies -

Effect.
A child-placing agency is not required to perform, assist, counsel, recommend, facilitate,
refer, or participate in a placement that violates the agency's written religious or moral
convictions or policies. A state or local government entity may not deny a child-placing agency
any grant, contract, or participation in a government program because of the child-placing
agency's objection to performing, assisting, counseling, recommending, facilitating, referring, or
participating in a placement that violates the child-placing agency's written religious or moral
convictions or policies. Refusal by a child-placing agency to perform, assist, counsel,
recommend, facilitate, refer, or participate in a placement that violates the child-placing agency's
written religious or moral convictions or policies does not constitute a determination that the
proposed adoption is not in the best interest of the minor.
### § 50-12-08. Child must be placed in suitable home - Human service zone may remove

child.
A child may not be placed in any foster or adoptive home until adequate investigation has
been made as to the suitability of the proposed foster or adoptive parents and their home
surroundings. When the human service zone is satisfied that a child has been placed in an
unsuitable home, the human service zone shall order the child-placing agency, in writing, to
remove the child and place the child in a home that meets the approval of the human service
zone. If within a reasonable period of time it appears that suitable arrangements have not been
made for the care of the child, the human service zone shall make immediate arrangements for
the care and support of the child. If the child has no legal settlement within the state, or in case
of a dispute as to the determination of the child's legal settlement or responsibility for the child's
support, the child must be brought before the juvenile court as a dependent child in the county
in which the child is found, as provided by law.
### § 50-12-09. Compensation for child placing.

1. A child-placing agency in making an adoptive placement may be compensated by the
adoptive family for reasonable fees.
2. Child-placing agency compensation only may be received for services provided to the
adoptive family if reflected in a financial agreement. An itemized receipt of reasonable
fees paid by the child-placing agency must be provided to the adoptive family.
3. The fees may not be contingent upon placement of the child for adoption, consent to
adoption, or cooperation in the completion of adoption.

4. Reasonable fees may include:
a. Facilitation fees charged and completed by the child-placing agency including the
cost of preplacement birth parent counseling, adoption home study assessment,
placement costs for children not in public custody, utilizing a foster care
placement prior to finalization, placement supervision, or other preadoption
services offered by the child-placing agency;
b. Legal fees relating to the petition for relinquishment or adoption on behalf of the
birth parent;
c. Medical expenses relating to prenatal care and the birth of the child, which are
not already covered by the birth mother's health insurance or other public
assistance programs;
d. Expenses incurred by the birth parent for transportation, meals, and lodging in
order to receive counseling, legal, or medical services related to the pregnancy,
birth, or placement of the child; and
e. Living expenses of the birth mother which are needed to maintain an adequate
standard of living, not already covered by public assistance programs.
(1) The payments may cover expenses incurred during the pregnancy-related
incapacity and for up to six weeks following the delivery.
(2) Living expenses do not include lost wages, gifts, educational expenses,
vacations, or other similar expenses of a birth mother.
### § 50-12-10. Revocation of license - Grounds.

The department of health and human services may revoke the license of any child-placing
agency upon a proper showing of any of the following:
1. The licensee has violated any requirement under this chapter.
2. The license was issued upon a fraudulent or untrue representation.
3. The licensee has violated any rule or regulation of the department.
4. The licensee has made a false or misleading report to the department.
### § 50-12-11. Revocation of license - False reports.

Repealed by S.L. 2025, ch. 449, § 6.
### § 50-12-12. Denial or revocation of license - Hearing.

Before any application for a license under this chapter may be denied or before the
revocation of any license may take place, written charges as to the reasons therefor must be
served upon the applicant or licensee. The applicant or licensee has the right to an
administrative hearing as provided under chapter 28-32 if written request for the hearing is
made to the department within thirty days after service of the written charges.
### § 50-12-13. Appeal from denial or revocation of license.

Repealed by S.L. 2003, ch. 417, § 13.
### § 50-12-14. Foreign associations placing children in state - Consent of department

required.
Repealed by S.L. 1975, ch. 445, § 3.
### § 50-12-14.1. Conditions for placement of children in state - Consent of department

required.
Any person undertaking to bring or to send a child into this state for placement in foster
care, as a preliminary to a possible adoption, or for guardianship shall furnish the department of
health and human services with written notice of the intention to send, bring, or place the child in
the state and shall obtain prior written consent from the department for each child to be so
placed. The notice must contain:
1. The name, date, and place of birth of the child;
2. The identity and address or addresses of the parent or legal guardian;

3. The name and address of the person, agency, or institution to or with which the child is
proposed to be placed;
4. A full statement of the reasons for such proposed action and evidence of the authority
pursuant to which the placement is proposed to be made; and
5. Any supporting or additional information as the department determines necessary
under the circumstances.
This section does not apply to the sending or bringing of a child into this state by the child's
parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's
guardian and leaving the child with any such relative or nonagency guardian in this state.
### § 50-12-15. Resident may bring child into state for permanent care - Report.

Repealed by S.L. 1975, ch. 445, § 3.
### § 50-12-16. Taking children from state for placement in family homes - Consent of

department - Report.
No person, partnership, voluntary association, corporation, or limited liability company may
take or send any child out of the state for placement in a family home in another state without
first securing the consent of the department of health and human services so to do and without
first reporting to the department:
1. The name and address of the child to be taken or sent;
2. The name and address of the family which is to receive the child; and
3. Such other information concerning the family and the child as the department may
require.
This section does not apply to a parent who personally removes the parent's child from the
state.
### § 50-12-17. Licensure requirement - Registration requirement - Penalty.

1. A person may not place or cause to be placed any child in a family home for adoption
without a license to do so from the department of health and human services.
2. Adoption services may be provided by the department when a conflict of interest with a
child-placing agency exists and another child-placing agency is unable to provide the
service.
3. A parent, upon giving written notice to the department, may place the parent's child in
the home of the child's parent, stepparent, grandparent, adult brother or sister, adult
uncle or aunt, or guardian for adoption by the person receiving the child. The child
must be considered abandoned if proceedings for the adoption or guardianship of the
child are not initiated by such relative within one year following the date of notice of
placement.
4. A person who willfully violates this chapter is guilty of a class C felony.
5. For purposes of this section, "place or cause to be placed" means to:
a. Place a child for adoption;
b. Arrange or provide for short-term foster care for a child pending an adoptive
placement;
c. Facilitate placement of a child by maintaining a list in any form of birth parents or
prospective adoptive parents; or
d. Advertise in any public medium that the person knows of a child who is available
for adoption or is willing to accept a child for adoption or that the person knows of
prospective adoptive parents of a child.
