Adult Foster Care Policies and Procedures 660-05

Definitions 660-05-05

(Revised 1/1/20 ML 3572)

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1. Abuse means the willful act or omission of a caregiver or any other person that results in physical injury, mental anguish, unreasonable confinement, sexual abuse or exploitation, to or of a resident.
2. Agency means an organization which monitors the facility.
3. Applicant means the individual or individuals completing and submitting to the Department an application to be licensed to provide care.
4. Care means foster care for adults as defined by N.D.C.C. Section 50-11-00.1 (5) and includes the provision of personal non-medical service provided to assist a resident with tasks of a personal nature that are performed daily and which involve such activities as bathing, dressing, toileting, transferring from bed or chair, continence, eating or feeding, and mobility inside the facility.
5. Caregiver means a qualified individual who provides care to an adult residing in an Adult Foster Facility.
6. Department means the North Dakota Department of Human Services.
7. Exploitation means the act or process of a provider using the income, assets, or person of a resident for monetary or personal benefit, profit, gain, entertainment, or gratification.
8. Adult Foster Care (AFC) means the provision of food, shelter, security and safety, guidance, and comfort on a twenty-four-hour per day basis, in the home of the caregiver, to a person age eighteen or older, who is unable, neglects, or refuses to provide for the person's own care.
9. Facility means a foster care home for adults.
10. Home and Community Based Services (HCBS) Adult Foster Care (AFC) setting experience interview means an instrument used to record information about a resident’s experiences in the facility.
11. Legal Representative means someone who has been given power by law to represent another person.
12. License means a document issued by the Department authorizing an applicant to operate a facility.
13. Licensed Capacity means maximum number of residents for which the Foster Home for Adults is licensed.
14. Mental Anguish means psychological or emotional damage that requires medical treatment or medical care, or is characterized by behavioral changes, or physical symptoms.
15. Monitoring means overseeing the care provided to a resident by a provider and verifying compliance with laws, rules, and standards pertaining to Adult Foster care and resident's rights related to the facility.
16. Neglect means the failure of the provider to provide the goods or services necessary to avoid physical harm, mental anguish, or mental illness.
17. Person-centered service plan means a plan that describes recipient resident’s assessed needs, outcomes, and goals and how the services and natural supports provided will assist the resident in achieving their outcomes and live safely and successfully in the community.
18. Physical Injury means damage to bodily tissue caused by nondramatic conduct, which includes fractures, bruises, lacerations, internal injuries, dislocations, physical pain, illness, or impairment of physical function.
19. Provider means the primary caregiver in active charge of an Adult Foster Facility who has documented qualifications in providing care and is enrolled as a qualified service provider.
20. Qualified Service Provider (QSP) means an individual who has met all standards and requirements for that status established under Chapter 75-03-23.
21. Related by Blood or Marriage includes the spouse or one of the following relatives: parent, grandparent, child, adult sibling, aunt, uncle, adult niece, or adult nephew.  
22. Resident means any adult who is receiving care, in an Adult Foster Facility for Adults for compensation on a 24-hour basis, but does not mean any other individual who lives or stays in the facility.
23. Respite Care means care provided by a respite care provider or a substitute caregiver to an adult foster care resident for the purposes of providing temporary relief to the provider from the stresses and demands associated with daily care or emergencies.
24. Respite Care Provider means an individual enrolled as a qualified service provider who provides respite care to residents, whose care is funded by the county or state, in the absence of the provider.
25. Sexual Abuse means conduct directed against a resident which constitutes any of those sex offenses defined in North Dakota Century Code. Sections 12.1-20-02, 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12-20-06.1, 12.1-20-07, 12.1-20-11, 12.1-20-12.1 and 12.1-20-12.2 and North Dakota Century Code Chapter 12.1-41.
26. Substitute Caregiver means an individual who meets qualified service provider standards and provides respite care to private pay residents in the absence of the provider.