N.D. Admin. Code 75-03-17-16

Current through Supplement No. 394, October, 2024

Section 75-03-17-16 - Personnel policies and employee and nonemployee files

1. The facility shall have clearly written personnel policies. The policies must be made available to each employee and nonemployee and must include:

a. An employee training and development plan;

b. Procedures for reporting suspected child abuse and neglect for employees and nonemployees;

c. Procedures for employee evaluation, disciplinary actions, and termination;

d. A prohibition of sexual contact between employees and nonemployees and children in accordance with the Prison Rape Elimination Act of 2003 [ Pub. L. 108-79 ];

e. Procedures for employee grievances;

f. Both oral and written instructions regarding employee and nonemployee responsibility for preserving confidentiality;

g. Evaluation procedures that include a written evaluation following the probationary period for new employees and at least annually thereafter; and

h. A plan for review of the personnel policies and practices with employee and, as appropriate, nonemployee, participation at least once every three years, or more often if necessary.

2. The facility shall maintain an individual file on each employee. The file must include:

a. The application for employment including a record of previous employment and the applicant's statement in answer to the question, "Have you been convicted of a crime?";

b. Annual performance evaluations; or

c. Annual professional development and training records consisting of name of presenter, date of presentation, topic of presentation, and length of presentation;

d. The following required training certificates:

(1) First-aid training;

(2) Cardiopulmonary resuscitation and automated external defibrillator;

(3) Nonviolent crisis intervention;

(4) Suicide prevention training;

(5) Evidence-based treatment modalities; and

(6) Trauma training;

e. Evidence of the employee having read the law requiring the reporting of suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1, and having read and received a copy of the facility's written child abuse and neglect procedures;

f. Results of background checks for criminal conviction record, motor vehicle operator's license record, as applicable, and child abuse or neglect record;

g. Any other evaluation or background check deemed necessary by the administrator of the facility; and

h. Documentation of the status of any required license or qualification for the position or tasks assigned to the employee.

3. The facility shall maintain an individual file on each nonemployee. The file must include:

a. Personal identification information;

b. Results of background checks for criminal conviction record, motor vehicle operator's license record, as applicable, and child abuse or neglect record;

c. Description of duties;

d. Orientation and training records consisting of name of presenter, date of presentation, topic of presentation, and length of presentation; and

e. Evidence of the nonemployee having read the law requiring the reporting of suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1, and having read and received a copy of the facility's written child abuse and neglect procedures.

4. The facility shall adopt a policy regarding the retention of employee and nonemployee files.

N.D. Admin Code 75-03-17-16

Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .

Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.

General Authority: NDCC 25-03.2-10

Law Implemented: NDCC 25-03.2-03, 25-03.2-07