Definitions 623-05-05

 

Licensing Requirements 623-05-05-05

(Revised 8/15/06 ML #3025)

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No person may furnish Foster Care for children for more than thirty days during a calendar year without first procuring a license to do so from the Department. The mandatory provisions of this section requiring licensure do apply when the care is provided in:

  1. The home of a person related to the child by blood or marriage.
  2. A home or institution under the management and control of the state or a political subdivision.
  3. A home or facility furnishing room and board primarily to accommodate the child's educational or vocational needs.

 

Source:  NDCC 50-11-01.

 

Although the above three situations do not require licensing to be within state law, they must be licensed if foster care payments are made to them.

 

License status must be current on CCWIPS for a provider payment to be issued.

 

“The Adoption & Safe Families Act of 1997” (ASFA) made paramount the health, safety, and well being of children.  Licensing is one of the safeguards used to protect children in foster care. The ASFA Federal Regulations effective March 27,2000 prohibit provisional licensure of foster parents. Secondly, documentation must be provided that criminal records checks have been conducted with respect to prospective foster and adoptive parents.

 

The background check consists of the following:

  1. Completion of “Personal Authorization for Criminal Record Inquiry,” SFN 838, for each adult in the prospective foster home.
  2. Completion of “Background Check Address Disclosure,” SFN 377, for each Adult in the prospective foster home.
  3. Completion of two fingerprinting cards, if required.