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N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations)

North DakotastatuteNorth Dakota Legislative Assembly / Department of Health and Human Services

What this rule requires your agency to do

  • 1A substitute caregiver or respite care provider providing resident care on behalf of a foster home for adults must be an individual who meets qualified service provider standards / is enrolled as a QSP (§ 50-11-03.6(1)).(N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations))
  • 2For adult family foster care facilities, the department shall secure two sets of fingerprints and all information necessary for a state criminal history record investigation and a nationwide FBI background check from any individual employed by or providing care in the facility and any adult living in the facility (subject to the 50-11-02.4 non-fingerprint exceptions and the 50-11-06.9 grandfather exception) (§ 50-11-06.8(10)).(N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations))
  • 3Before implementing an electronic device for monitoring an otherwise unattended adult resident, the adult foster care provider must obtain written approval from the resident (or family member/legal representative if incapacitated) (§ 50-11-03.7(2)).(N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations))
  • 4A facility issued a correction order for noncompliance must correct deficiencies within the specified time or be assessed daily fiscal sanctions (not exceeding twenty-five dollars per day per violation); the department may deny or revoke a license upon the grounds in section 50-11-07 (§§ 50-11-04.2, 50-11-04.4, 50-11-07).(N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations))
  • 5A person may not furnish foster care for adults for more than one adult, or more than two related adults, without first procuring a license from the department; a person may not furnish adult foster care if previously denied or revoked unless the department subsequently issues a license (§ 50-11-01.4).(N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations))
  • 6Public funds for the purchase of foster care for adults may be used only in facilities licensed, certified, or approved by the department (§ 50-11-03.2(1)).(N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations))
  • 7Before licensing/certifying/approving a facility providing foster care for adults, the department shall seek a criminal history record when required and shall consider available criminal history information; the department shall secure statewide criminal history record investigation information (other than fingerprints) from any individual employed by or providing care in an adult foster care facility and any adult living in the facility (§ 50-11-02(2); § 50-11-02.4(1)).(N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations))
  • 8Each facility must maintain a record of all adults cared for in the manner and form prescribed by the department (§ 50-11-03).(N.D. Cent. Code Chapter 50-11 - Foster Care Homes for Children and Adults (Adult Foster Care Licensing and Criminal History Record Investigations))

Applies to: personal care

Requires licensure to furnish adult foster care, mandates criminal history record investigations (with fingerprinting/nationwide checks under NDCC 50-11-06.8 and the non-fingerprint statewide check under 50-11-02.4), sets recordkeeping, inspection, correction-order, and denial/revocation provisions, and defines substitute-caregiver/respite-provider QSP rules.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.