# Title 50 — Public Welfare

## Chapter 50-11.3 — Criminal History Record Investigation

### § 50-11.3-01. Criminal history record investigation required.

1. Before appointment as a legal guardian under chapter 27-20.1, the individual to be
appointed legal guardian must be subject to an assessment that includes the result of
a criminal history record investigation made under this section. In addition, any adult
living in the household of the individual to be appointed legal guardian must be subject
to a criminal history record investigation made under this section.
2. An individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 shall secure, from a law enforcement agency
or 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. Upon a request
made under this section, a law enforcement agency shall take fingerprints of any
individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 and may charge a reasonable fee to offset the
cost of fingerprinting.
3. An individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 shall assure that information obtained under
subsection 2 is provided to the department of health and human services.
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 of health and human services. The bureau of criminal investigation may
charge a reasonable fee to offset the cost of providing any criminal history record
information and may require payment of any charge imposed by the federal bureau of
criminal investigation for a nationwide background check.
6. The department of health and human services shall provide an individual to be
appointed legal guardian or any adult living in that individual's household, who
provided the department with information under subsection 2, with any information
received under this section from the bureau of criminal investigation which the
department of health and human services is not prevented by federal law from
disclosing to the individual to be appointed legal guardian or any adult living in that
individual's household.
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 50-12-03.2.
### § 50-11.3-02. Criminal history record investigation - Effect of results.

1. An individual may not be licensed or approved as a foster parent or treated as having
a home suitable for the adoption of any child other than the individual's stepchild and a
foster care facility that employs or houses an individual may not be licensed or
approved, if the individual is the subject of a criminal history record investigation that
reveals:
a. A felony conviction by a court of competent jurisdiction for criminal conduct
involving:
(1) Child abuse or neglect;
(2) Domestic violence, as that term is used in chapter 14-07.1;

(3) A crime in which a child was a victim, including the creation or distribution of
child pornography; or
(4) A crime involving violence, including rape, sexual assault, or murder, but not
including other physical assault or battery;
b. A felony conviction entered within the past five years by a court of competent
jurisdiction for criminal conduct involving:
(1) A crime involving violence not described in subdivision a;
(2) Any drug-related offense; or
(3) An attempt, facilitation, solicitation, or conspiracy to commit criminal conduct
described in subdivision a;
c. A felony conviction entered by a court of competent jurisdiction for criminal
conduct described in subdivision b if five years have not elapsed after final
discharge or release from any term of probation, parole, or other form of
community corrections, without subsequent conviction, unless the individual
demonstrates sufficient rehabilitation; or
d. A felony conviction entered by a court of competent jurisdiction for criminal
conduct described in subdivision b or a misdemeanor conviction by a court of
competent jurisdiction for a crime in which a child was the victim or a crime of
violence if the individual is not sufficiently rehabilitated.
2. The department, in accordance with section 50-11-02, may adopt rules, using this
section as a minimum requirement, to determine whether to deny or revoke a foster
care facility's license, in accordance with section 50-11-07, if that facility houses or
employs an individual who has a criminal record.
3. The department, in accordance with chapter 50-12, may adopt rules, using this section
as a minimum requirement, to determine whether an individual or an individual's home
is suitable for the adoption of any child through a child-placing agency.
