Section 75-03-36-06 - [Effective 4/1/2024] Governance1. Each child-placing agency shall have a governing body responsible for the overall operations, policies, activities, and practice of the child-placing agency. The governing body shall: a. Define a mission statement.b. Define services provided by the child-placing agency and clearly state which services are provided directly by the child-placing agency and which services are provided in collaboration with a referral source or other appropriate agencies.c. Define the volume of clients, including children placed, birth parents, foster care providers, or prospective adoptive parents the child-placing agency serves each year. A child-placing agency shall serve no fewer than twenty-five clients per year and place no fewer than five children per year, unless the child-placing agency was licensed prior to April 1, 2024, and otherwise approved by the department.d. Approve developed policies for child-placing agency operations in compliance with law, administrative rule, and policy as defined by the department, inclusive of administration, program, personnel policy, and procedure to address nondiscrimination. Personnel policies must include recruitment and retention of employees to operate the child-placing agency and expectations of employees and nonemployees, detail job descriptions for each position, and ensure a process to review policies and procedures with employee participation at least every five years.e. Guide the child-placing agency's development and provide leadership.f. Be composed of at least three members; a list of the names and contract information of members of the governing body must be maintained and submitted to the department during each licensing period. Each board member shall annually disclose conflicts of interest. Members of the board may not be family or have conflicts of interest with the child-placing agency administrator or employees with budget or accounting duties.g. Meet at least every six months.h. Maintain records of the governing body's meetings.i. Develop and review policies for board member selection and rotation.j. Ensure that the child-placing agency is funded, housed, staffed, and equipped in a manner required for the provision of services.k. Employ a qualified administrator and delegate responsibility to that administrator for the administration of the child-placing agency.l. Evaluate the performance of the administrator at least annually.m. Approve the child-placing agency's annual budget of anticipated income and expenditures necessary to provide services described in the child-placing agency's statement of purpose.n. Provide the most recent fiscal year-end financial records to the department, upon request.o. Ensure that the child-placing agency prepares an annual budget based on the assessment of child-placing agency program priorities and a realistic appraisal of anticipated funding, including reimbursement for services.p. Ensure the child-placing agency submits a copy of its budget to the department with a cost breakdown of budget items utilized to determine fees for services.q. If the child-placing agency increases fees for adoption services, ensure the child-placing agency submits justification of the cost increase to the department before charging an increased rate.r. Receive an initial orientation from the administrator to inform new board members of the child-placing agency's goals, programs, and methods of operation.s. Ensure the child-placing agency employs or retains legal representation to represent the child-placing agency in legal matters and to ensure prompt resolution of legal questions for children in the legal custody of the child-placing agency.2. The child-placing agency shall have sufficient liability insurance to protect itself, employees, and children entrusted to its care from serious financial jeopardy.N.D. Admin Code 75-03-36-06
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