Section 50-11-06.8 - Criminal history record investigation - Fingerprinting required1. Each facility providing foster care for children shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from:a. Any individual employed by, or providing care in, the facility; andb. Any adult living in the facility, but not being provided care in the facility.2. Each identified relative, at the request by the department, shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from the identified relative and any adult living in the home of the identified relative.3. Each certified family foster home for children provider, at the request of the department, shall secure from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from the certified family foster home for children provider and any adult living in the home of the certified family foster home for children provider.4. The facility, certified family foster home for children provider, or identified relative shall assure that information obtained under subsections 1 , 2, and 3 is provided to the department.5. Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department shall submit the information and fingerprints to the bureau of criminal investigation. The department shall provide a copy of the state criminal history record information response received from the bureau of criminal investigation to the facility, certified family foster home for children provider, identified relative, public agency, or authorized agent making the request.6. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of a response, provide the response of the federal bureau of investigation to the department. The bureau of criminal investigation also shall provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department.7. Upon request by the operators of a facility, employees of a facility, certified family foster home for children provider, or identified relative, a law enforcement agency shall take fingerprints of individuals described in this section if the request is made for purposes of this section.8. The department shall pay the cost of securing fingerprints, any criminal history record information made available under chapter 12-60, and a nationwide background check for each facility providing foster care for children, certified family foster home for children provider, and identified relative.9. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting.10. Except as provided in sections 50-11-02.4 and 50-11-06.9, the department shall secure from a law enforcement agency or any other agency authorized to take fingerprints two sets of fingerprints and all other information necessary to secure state criminal history record information and a nationwide background check under federal law from:a. Any individual employed by, or providing care in, an adult family foster care facility; andb. Any adult living in an adult family foster care facility, but not being provided care in the facility.11. A criminal history record investigation completed under this section may be used to satisfy the criminal history record investigation requirements of sections 25-03.2-03, 50-06-01.9, 50-06-01.10, 50-11.3-01, and 50-12-03.2. The federal bureau of investigation's criminal history record investigation obtained from one criminal history record investigation purpose may not be reused to satisfy the requirements for another federal bureau of investigation's criminal history record investigation for a different purpose.Amended by S.L. 2023 , ch. 274( SB 2051 ), § 7, eff. 7/1/2023.Amended by S.L. 2019 , ch. 404( HB 1102 ), § 9, eff. 10/1/2019.