North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2051

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
1/6/23  
Engrossed
1/12/23  
Refer
2/9/23  
Report Pass
3/7/23  
Enrolled
4/10/23  

Caption

Fingerprint criminal history record checks for certified family foster home for children providers and psychiatric residential treatment facility for children, identifying who the department of health and human services may require criminal history record checks from, and criminal history record checks for volunteers and students for field placement at child-placing agencies and children's advocacy centers.

Impact

The bill amends several sections of the North Dakota Century Code, significantly changing how foster care providers and psychiatric facilities are regulated regarding background checks. It mandates that all relevant personnel—including those in foster care facilities and shelter care programs—must undergo a two-part criminal history investigation involving both state and nationwide checks. These changes are intended to safeguard the welfare of children in care facilities, reflecting a growing commitment to child protection within state law.

Summary

Senate Bill No. 2051, proposed in the North Dakota Legislative Assembly, addresses the requirements for criminal history record investigations in the context of psychiatric residential treatment facilities and foster care programs for children. The bill introduces mandatory fingerprinting and background checks for individuals involved in child care settings, including certified family foster homes and psychiatric residential treatment facilities. The primary goal of the legislation is to enhance child safety by ensuring that caretakers and employees are properly vetted before they can work with vulnerable populations.

Sentiment

The sentiment surrounding SB 2051 appears to be generally supportive, particularly from child advocacy groups and legislators focused on child safety. Proponents argue that this legislation is a crucial step towards ensuring that only qualified and thoroughly vetted individuals are responsible for the care of children. However, concerns were raised regarding the potential burden of the fingerprinting process on facilities and volunteer organizations, which could affect their capacity to operate efficiently.

Contention

There is some contention related to the balance between thorough vetting processes and the impact on the availability of staff and volunteers within care facilities. Critics might argue that while the intent is noble, the rigorous requirements could deter potential caretakers from applying or could create delays in staffing. Others expressed concerns over the potential financial implications for small facilities unable to absorb the costs associated with implementing these criminal history investigations, which include fees for fingerprinting and background checks.

Companion Bills

No companion bills found.

Previously Filed As

ND HB2243

Fingerprinting; criminal history; records checks

ND SB491

Standardizing criminal history record check fingerprinting language and defining who may be fingerprinted for a criminal history record check.

ND SB146

Fingerprint-Based Criminal History Record Checks

ND HB1196

Criminal history record checks.

ND HB07094

An Act Concerning Fingerprinting Services For Criminal History Records Checks.

ND SB577

Children's residential facilities; criminal history background checks.

ND SB2102

Fingerprint-based criminal history record checks for the department of health and human services, and compassion centers.

ND SB728

Children's residential facilities; criminal history background checks.

ND SB213

Placement of children: criminal records check.

ND HB896

Relating To Criminal History Record Checks.

Similar Bills

ND SB2238

AN ACT to provide for a legislative management study relating to criminal history record checks; and to provide an appropriation.

CA AB152

Background checks and fingerprinting: state employment, licensing, and contracting.

CA SB152

Background checks and fingerprinting: state employment, licensing, and contracting.

UT SB0248

BCI Background Check Amendments

ND HB1196

Criminal history record checks.

NM SB38

Early Childhood Education Dept Authorizations

KS SB491

Standardizing criminal history record check fingerprinting language and defining who may be fingerprinted for a criminal history record check.

KS SB248

Requiring criminal history record check information relating to hemp producers to be sent to the state fire marshal, updating the fingerprinting language for the state banking commissioner for money transmitters and earned wage access services providers and authorizing the state gaming agency and attorney general to have access to more criminal history record information.