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North Dakota House Bill HB1072

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1072 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
1+25.8091.01000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Human Services Committee
7+(At the request of the Department of Health and Human Services)
8+A BILL for an Act to amend and reenact sections 50-11-03.2 and 50-11-07 of the North Dakota
9+Century Code, relating to foster care homes for children and adults.
10+BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11+SECTION 1. AMENDMENT. Section 50-11-03.2 of the North Dakota Century Code is
12+amended and reenacted as follows:
13+50-11-03.2. Use of public funds.
14+1.Public funds for the purchase of foster care for children or adults may be used only in
15+facilities licensed, certified, or approved by the department. No person acting on behalf
16+of any state, county, or local governmental entity may arrange for or promote care
17+provided in a facility that does not have a license, certification, or approval issued by
18+the department. This section does not apply to any home or institution under the
19+management and control of the state.
20+2.Nonfederal funds may be used to reimburse the costs of shelter care placements for
21+no more than seven days if the shelter care services are certified by the department. If
22+the entity has diligently pursued other placement, the department may grant an
23+extension for the health and safety of the child or due to unforeseeable circumstances.
24+3.Nonfederal funds may be used for maintenance payments to an unlicensed identified
25+relativesrelative or unlicensed kinship relativesrelative for no more than six months
26+and to a guardian with a subsidy approval made by the department.
27+SECTION 2. AMENDMENT. Section 50-11-07 of the North Dakota Century Code is
28+amended and reenacted as follows:
29+50-11-07. Denial or revocation of license or certification.
30+The department may deny or revoke the license or certification of any facility upon proper
31+showing of any of the following:
32+Page No. 1 25.8091.01000
333 HOUSE BILL NO. 1072
4-(Human Services Committee)
5-(At the request of the Department of Health and Human Services)
6-AN ACT to amend and reenact sections 50-11-03.2 and 50-11-07 of the North Dakota Century Code,
7-relating to foster care homes for children and adults.
8-BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 50-11-03.2 of the North Dakota Century Code is amended and
10-reenacted as follows:
11-50-11-03.2. Use of public funds.
12-1.Public funds for the purchase of foster care for children or adults may be used only in facilities
13-licensed, certified, or approved by the department. No person acting on behalf of any state,
14-county, or local governmental entity may arrange for or promote care provided in a facility that
15-does not have a license, certification, or approval issued by the department. This section does
16-not apply to any home or institution under the management and control of the state.
17-2.Nonfederal funds may be used to reimburse the costs of shelter care placements for no more
18-than seven days if the shelter care services are certified by the department. If the entity has
19-diligently pursued other placement, the department may grant an extension for the health and
20-safety of the child or due to unforeseeable circumstances.
21-3.Nonfederal funds may be used for maintenance payments to an unlicensed identified
22-relativesrelative or unlicensed kinship relativesrelative for no more than six months and to a
23-guardian with a subsidy approval made by the department.
24-SECTION 2. AMENDMENT. Section 50-11-07 of the North Dakota Century Code is amended and
25-reenacted as follows:
26-50-11-07. Denial or revocation of license or certification.
27-The department may deny or revoke the license or certification of any facility upon proper showing
28-of any of the following:
29-1.Any of the conditions set forth in section 50-11-02 as prerequisites for the issuance of the
30-license or certification do not exist.
31-2.The application contains false or misleading material information or the applicant intentionally
32-withheld material information.
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58+24 Sixty-ninth
59+Legislative Assembly
60+1.Any of the conditions set forth in section 50-11-02 as prerequisites for the issuance of
61+the license or certification do not exist.
62+2.The application contains false or misleading material information or the applicant
63+intentionally withheld material information.
3364 3.The license or certification was issued upon false, misleading, or intentionally withheld
3465 material information.
35-4.An operator, licensee, certification holder, caregiver, employee, or an agent of the facility has
36-violated a provision of this chapter or any of the rules of the department.
37-5.An applicant, licensee, or certification holder providing family foster care for children has been
38-involved in a court action in which a child in their household is currently or within the last five
39-years has been removed from the home due to a contrary to the welfare findingsfinding issued
40-by a court. H. B. NO. 1072 - PAGE 2
41-6.An operator, applicant, licensee, certification holder, caregiver, employee, or agent of the
42-facility has been convicted of an offense determined by the department to have a direct
43-bearing upon the person's ability to serve the public or residents of the facility, or the
44-department determines, following conviction of any other offense, the person is not sufficiently
45-rehabilitated under section 12.1-33-02.1. H. B. NO. 1072 - PAGE 3
46-____________________________ ____________________________
47-Speaker of the House President of the Senate
48-____________________________ ____________________________
49-Chief Clerk of the House Secretary of the Senate
50-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
51-Assembly of North Dakota and is known on the records of that body as House Bill No. 1072.
52-House Vote: Yeas 92 Nays 0 Absent 2
53-Senate Vote:Yeas 47 Nays 0 Absent 0
54-____________________________
55-Chief Clerk of the House
56-Received by the Governor at ________M. on _____________________________________, 2025.
57-Approved at ________M. on __________________________________________________, 2025.
58-____________________________
59-Governor
60-Filed in this office this ___________day of _______________________________________, 2025,
61-at ________ o’clock ________M.
62-____________________________
63-Secretary of State
66+4.An operator, licensee, certification holder, caregiver, employee, or an agent of the
67+facility has violated a provision of this chapter or any of the rules of the department.
68+5.An applicant, licensee, or certification holder providing family foster care for children
69+has been involved in a court action in which a child in their household is currently or
70+within the last five years has been removed from the home due to a contrary to the
71+welfare findingsfinding issued by a court.
72+6.An operator, applicant, licensee, certification holder, caregiver, employee, or agent of
73+the facility has been convicted of an offense determined by the department to have a
74+direct bearing upon the person's ability to serve the public or residents of the facility, or
75+the department determines, following conviction of any other offense, the person is not
76+sufficiently rehabilitated under section 12.1-33-02.1.
77+Page No. 2 25.8091.01000
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