Section 75-03-36-02 - [Effective until 10/1/2024] Application for license1. An applicant's application may not be approved for a license to operate a child-placing agency until the department has reviewed the need for the additional child-placing agencies. To enable the department to make a determination of need for a new child-placing agency, the applicant shall submit an initial application, including the following documentation and information, to the department: a. A detailed plan for the operation of the proposed child-placing agency which includes: (1) The purpose of the child-placing agency;(2) The number, gender, and age range of the children to be served;(3) A description of specific programs offered by the prospective child-placing agency;(4) A written placement policy, forms, and a description of the legal procedures which will be used to obtain the authority to place the child;(5) A written statement of the fees that will be charged for each service;(6) The geographic area the prospective child-placing agency will serve; andb. A detailed written description and findings that document the reasons why the unserved children under subsection a may not be served in another child-placing agency.c. Data to support that existing child-placing agencies' placement resources are not adequate to meet the needs of North Dakota children.2. Upon receipt of an initial application, the department shall:a. Review the applicant's information and may ask for additional materials or information necessary for evaluation of need purposes;b. Respond in writing within ninety days of receipt of all required information from the applicant; andc. Send written notice of determination of need. The notice must state the specific reason for the determination. If the department determines there is no need for additional child-placing agencies, the department may deny the initial application. If the department determines there is need for an additional licensed child-placing agency, the notice must be accompanied by an authorization for the applicant to move forward with the application process for a license.3. An application for a child-placing agency license must be submitted in the form and manner prescribed by the department, which will initiate a document-based review or onsite visit at least every two years.4. For purposes of initial licensure, the child-placing agency shall demonstrate it has sufficient predictable income to operate its program of services and, upon relicensure, shall demonstrate ongoing financial stability.5. Upon receipt of the application, the department shall conduct a licensing study to determine if the applicant meets all applicable requirements for licensure.6. After completion of a licensing study, the department shall issue a license to any applicant that meets all requirements for licensure.7. The department shall renew the license on the expiration date of the previous year's license if:a. The licensed child-placing agency makes written application for renewal prior to the expiration date of its current license;b. The licensed child-placing agency continues to meet all requirements for licensure at the time of the relicensing study; andc. The licensed child-placing agency submits a copy of its yearly budget of expenditures.8. If the department determines that an application or accompanying information is incomplete or erroneous, the department shall notify the applicant of the specific deficiencies or errors, and the applicant shall submit the required or corrected information. The department may not issue or renew a license until it receives all required or corrected information.N.D. Admin Code 75-03-36-02
Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 50-11-03, 50-12-05
Law Implemented: NDCC 50-12-02