N.D. Cent. Code § 50-11.1-17

Current through 2023 Legislative Sessions

Section 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.

N.D.C.C. § 50-11.1-17

Amended by S.L. 2023 , ch. 435( SB 2104 ), § 23, eff. 7/1/2023.

Amended by S.L. 2019 , ch. 406( SB 2245 ), § 7, eff. 8/1/2019.

Amended by S.L. 2019 , ch. 407( SB 2043 ), § 3, eff. 8/1/2019.

Amended by S.L. 2017 , ch. 348( SB 2090 ), § 11, eff. 1/1/2018.

Amended by S.L. 2015 , ch. 339( SB 2080 ), § 6, eff. 8/1/2015.