STUDENTS WITH DISABILITIES BOARDING HOME CARE CHAPTER 15.1-34 15.1-34-01. Definitions

As used in this chapter: 1

"Boarding home care for a student with disabilities" means the provision of food, shelter, security, and safety, on a twenty-four-hour basis, to an individual who has reached the age of three years but who has not reached the age of twenty-one before September first of the year in which the individual turns twenty-one and who because of mental, physical, emotional, or learning characteristics requires regular or special education and related services designed to meet the individual's educational needs

"Department" means the department of human services

"Family boarding home" means a private residence at which boarding home care is regularly provided by the owner or lessee to no more than four students with disabilities. The limit of four students may be exceeded if all the students boarding at the home are related to each other by blood or marriage

"Registration" means the process by which the department maintains a record of all family boarding homes, prescribes standards and adopts rules under section 15.1-34-14, and requires the operator of a home to certify that the operator has complied with the prescribed standards and adopted rules

"Registration certificate" means a document issued by the department to provide public notice that the certificate holder is in compliance with this chapter and the applicable rules and standards prescribed by the department

"Relative" means a grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, or aunt of the student by marriage, blood, or adoption

15.1-34-02. Students with disabilities - Boarding home care - Registration certificate

A person may not establish or operate a family boarding home unless the person first obtains a registration certificate from the department. This section does not apply if the student's boarding and care are provided in: The home of a relative

A home or institution under the management and control of the state or the board of a school district

A home providing "foster care for children" as defined in section 50-11-00.1

15.1-34-03. Registration certificate - Application

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In order to obtain a registration certificate for a family boarding home, a person shall complete an application form available from the department

The department may investigate the applicant's activities and may inspect the home for which the registration is sought

The department shall grant the registration certificate within ten working days from the date the department receives the application if: a

b

The home is in sanitary condition; The home is properly equipped to provide for the health and safety of student boarders; and The individual in charge of the home and all assistants are qualified to fulfill the duties required of them under this chapter and under any rules or standards prescribed by the department

A registration certificate issued under this section is effective for up to two years

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15.1-34-04. Boarding home fire inspection - Report

The state department of health, the state fire marshal, or a designee of the state fire marshal shall inspect any home for which a registration certificate is sought if requested to do so by the department. The entity conducting the inspection under this section shall prepare an inspection report and present the report to the department

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15.1-34-05. Boarding home - Conditions - Inspection - Investigation of owner or At any time, the department or its authorized agents may inspect the conditions of a family boarding home and investigate the qualifications of the owner or operator

15.1-34-06. Conviction - Effect on registration - Exceptions

A person who has been convicted of an offense may not be disqualified from registration under this chapter, unless: 1

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The department determines that the offense has a direct bearing upon the person's ability to serve the public as an owner or operator of a boarding home for students with disabilities; or Following conviction for any offense, the department deems that the person is not sufficiently rehabilitated under section 12.1-33-02.1

15.1-34-07. Registration certificate - Denial - Administrative hearing

If after reviewing a person's application for a registration certificate the department elects to deny the application, the department shall serve the applicant with notice of the denial and with the reasons for the denial. The department shall hold an administrative hearing under chapter 28-32 regarding the person's application and its subsequent denial if requested to do so by the applicant within ten days from the date on which the department served the notice of denial

15.1-34-08. Registration certificate - Information

The registration certificate must indicate the name of the owner or operator of the boarding home, the location of the boarding home, and the maximum number of students with disabilities who, at any one time, may board at the home

15.1-34-09. Records - Maintenance - Examination

Any person to whom a registration certificate has been issued shall: 1. Maintain records regarding each student for whom care is provided, as directed by the department; Submit forms and other information regarding each student for whom care is provided, as directed by the department; and Allow department personnel and authorized agents of the department to examine all books, records, and reports regarding the home and each student for whom care is provided

15.1-34-10. Records - Students - Confidentiality

All records and information regarding a student for whom care is provided under this chapter are confidential and may be disclosed only: As part of a judicial proceeding; To officers of the law; To representatives of a governmental entity; To the parent of a student for whom care is provided under this chapter; and To any person who in the opinion of the department has, or may acquire, an advocacy function on behalf of a student for whom care is provided under this chapter

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15.1-34-11. Registration certificate - Revocation

The department may revoke a registration certificate issued under this chapter if: 1

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The home is in an unsanitary condition

The home is not properly equipped to provide for the health and safety of the students

The individual in charge of the home and all assistants are not qualified to fulfill the duties required of them under this chapter and under any rules adopted by the department

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The owner or operator does not comply with the standards prescribed by the department

The registration certificate was issued as a result of an application that contained fraudulent information or an untrue representation

The person to whom the registration certificate was issued violated a rule adopted by the department

The person to whom the registration certificate was issued is found guilty of an offense which, in the determination of the department, has a direct bearing upon the person's ability to serve the public as an owner or operator of a boarding home for students with disabilities

The person to whom the registration certificate was issued is found guilty of any offense and the department determines that the person is not sufficiently rehabilitated under section 12.1-33-02.1

15.1-34-12. Registration certificate - Revocation - Administrative hearing

Before the department may revoke a person's registration certificate, the department shall serve the holder of the registration certificate with notice of the revocation and the grounds for the revocation. The department shall hold an administrative hearing under chapter 28-32 regarding the revocation of the person's registration certificate, if requested to do so by the holder of the registration certificate within ten days from the date on which the department served the notice of revocation

15.1-34-13. Student with disabilities - Placement by governmental entity - Requirements

A governmental entity may not provide for the placement of a student with disabilities in a family boarding home unless the person operating the home: 1. Has obtained a registration certificate; or 2

Is exempt from the registration requirement under subsection 1 or 2 of section 15.1-34-02 and complies with all applicable standards and rules adopted by the department

15.1-34-14. Minimum standards - Rules - Inspection by governmental entity

The department may: 1

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Establish standards for the registration and operation of a family boarding home

Allow the application of alternate standards, if appropriate

Adopt rules governing the provision of boarding home care to students with disabilities

Authorize a governmental entity to: a

Inspect any home for which a registration certificate is sought under this chapter; and b. Certify that the home meets the requirements of this chapter and any standards set by the department

15.1-34-15. Penalty

A person who violates this chapter is guilty of a class B misdemeanor

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