Section 33-03-29-08 - Restriction or limitation of admissions1. The department reserves the right to restrict or limit admissions to a residential care facility for children with autism under the following conditions: a. One or more complaints of resident abuse in the residential care facility for children with autism have been reported, investigated, and substantiated by the department. The restriction will be in effect for six months or until the conditions leading to the abuse have been corrected as substantiated by the department. b. The department has surveyed the facility and found rules related to health or safety are not being met or the facility is in the process of correction and placing additional residents in the facility would adversely affect the health or safety of a resident. The restriction will be in effect for six months or until the facility demonstrates to the department's satisfaction that the corrections have been made and the facility is in compliance with the licensure rules. 2. The department shall notify the facility in writing when a decision is made to restrict or limit admissions. The restriction or limitation takes effect ninety days from the date on which the onsite survey or complaint investigation visit was completed. a. The notice must include the basis of the department's decision and must advise the facility of the right to request review through an onsite revisit by the department. The request must be made in writing within forty-five days of the survey or complaint investigation completion date. b. If a request for review is made, the department will review all material relating to the allegation and to the limitation and restriction on admissions. The department shall determine, based on review of the material and an onsite revisit, if requested, whether or not to sustain the decision to limit or restrict placement of residents and shall notify the facility in writing of the decision within ten days of the completion of the onsite revisit. c. If the department determined not to sustain the decision, the limitation or restriction may not be implemented. The restriction or limitation on admissions, if the department sustains the decision, will remain in effect until the department determines that the conditions leading to the restriction or limitation have been corrected. d. When the department sustains the decision, a public notice must be published by the department in the local newspaper fifteen days prior to the imposition of the restriction or limitation stating the name of the facility, the restriction or limitation to be imposed, the date on which the limitation or restriction will be effective, and the length of time for which it will be imposed. Upon rescinding a restriction, the department will publish a notice in the local newspaper stating the date upon which the restriction was rescinded. (1) The department of human services, developmental disabilities division, as well as the department of public instruction, special education division, must be notified in writing by the department regarding the restriction or limitation of admissions. (2) Information regarding residential care facilities for children with autism is public information and is available upon request through this department. e. A department decision may be appealed to the district court under North Dakota Century Code chapter 28-32. N.D. Admin Code 33-03-29-08
Effective February 1, 1992.General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02, 23-09.4-03, 28-32-05.1