North Dakota Code 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.
Terms Used In North Dakota Code 50-11.1-07
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
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.