50.03.120 Background Investigations – Fees

(a) Upon a determination by the department a criminal history record check is appropriate, the following individuals shall submit to a providing fingerprints to an appropriately trained agency of the Tribe:

(1) A provider holding or an applicant for early childhood services licensure or in-home provider registration;

(2) Emergency designees and staff members of providers holding and applicants for early childhood services licensure or in-home provider registration; and

(3) Household members of a residence out of which early childhood services are provided.

(b) The individual shall request the agency to submit the fingerprints and a completed fingerprint card for each set to the division of children and family services of the of the Tribe or prior areas of residency, State or Tribe to the department's authorized agent.

(c) If the division has no record of a determination of services required for child abuse or neglect, the division shall submit the fingerprints to the National Crime Information Center U.S. Department of Justice ("NCIC" and "DOJ") or the State of North Dakota Bureau of Criminal Investigation to determine if there is any criminal history record information regarding the applicant, household members, or staff members in accordance with 25 U.S.C. §3207 and 45 C.F.R. part 98.

(d) The results of the investigations must be forwarded to the department's authorized agent.

(e) The division may charge a fee not to exceed thirty dollars for the purpose of processing the application.

(f) The department shall pay a fee to the Finance Department of the Tribe who direct pays the NCIC DOJ.

(g) An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting.

(h) The department may use background investigation findings to determine approval, denial, or revocation of an early childhood services license or in-home registration.

(i) Any individual who is providing early childhood services solely for the provider's own children, grandchildren, nieces, nephews, and cousins as an in-home provider may not be required to submit to a criminal history record check.

(j) A criminal history record check conducted under this section and Title is valid for two years, after which the department shall require another criminal history record check.