North Dakota Code 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:
Terms Used In North Dakota Code 50-11.1-07.8
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Individual: means a human being. See North Dakota Code 1-01-49
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.