Background Check Procedures 620-01-40

(Revised 12/4/24 ML #3883)

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The fingerprint-based background check shall be completed for all owners, operators, staff members, and emergency designees, upon hire and at least once every five years after.

 

Fingerprint-based background checks shall also be completed for any individual residing in a home where care is provided who is age 18 and older, upon application, renewal, annual review or upon moving into residence and at least once every five years thereafter. Background checks are also required for anyone under the age of 18 if they “help/work” with any of the children in care.

 

An SFN 433 must be submitted annually for any individual residing in a home where care is provided who is age 12 through 17 upon application, renewal, annual review and upon residence at the location of the child care.

 

If a volunteer or support staff including therapists and extracurricular programming is providing unsupervised child care, the individuals shall meet the qualifications of a staff member responsible for caring for or teaching children, including a fingerprint-based background check.

 

The owner/operator of a licensed child care program must complete and submit a fingerprint-print background check results memo with any application for licensure, renewal, or annual review. Any child care with a governing board, will need to choose a Board Designee to sign applications and be fingerprinted for background check.

 

If an individual has completed a fingerprint-based background check for one early childhood services program moves to another early childhood services program, the original fingerprint results may be used if the individual has not been separated from child care employment for more than 180 days. The individual must complete an Authorization to Transfer Background Check Results form (SFN 375) allowing CBCU to share the results of the fingerprint memo with the new program. The authorization shall be submitted within 10 days from an offer of employment and results must be received prior to the individual beginning employment. The SFN 375 must accompany the fingerprint memo when it is uploaded into the Licensing System.

 

The operator shall establish written policies and engage in practices that conform to those policies to effectively implement North Dakota Administrative Code before hiring any staff member.

 

CBCU will provide the results memo to the operator and current or prospective staff member of the child care program who requested the background check. The results memo will have a statement that indicates whether the staff member is eligible or ineligible, without revealing specific disqualifying information.

 

Potential providers, staff, volunteers, therapy providers, including extra-curricular programming, who HAVE NOT lived outside of North Dakota during the past five years may work unsupervised upon qualifying results of the following:

1. A Federal Bureau of Investigation fingerprint-based criminal history record using Next Generation Identification;

2. A search of the National Crime Information Center's National Sex Offender Registry;

3. ND State criminal history record;

4. An in-state search of the following registries, repositories, or databases:

a. ND Offenders Against Children Registry;

b. ND State sex offender registry; and

c. ND Child Abuse and Neglect Index; and

5. A search of ND Public Access and MN Court Records websites.

 

Potential staff, volunteers, therapy providers, including extra-curricular programming, who HAVE lived outside of North Dakota during the past five years may work:

1. SUPERVISED upon qualifying results of the following:

a. A Federal Bureau of Investigation fingerprint-based criminal history record using Next Generation Identification; or

b. ND State criminal history record; and

c. ND Child Abuse and Neglect Index.

 

2. UNSUPERVISED upon qualifying results of the above in addition to:

a. A search of the National Crime Information Center’s National Sex Offender Registry;

b. An in-state search of the following registries, repositories, or databases:

i. ND State sex offender registry;

ii. ND Offenders Against Children Registry; and

iii. ND Child Abuse and Neglect Index.

c. A search of ND Public Access and MN Court Records websites.

d. An inter-state search of the following registries, repositories, or database for each state where such staff member resided during the preceding five years:

i. State criminal registry or repository;

ii. State sex offender registry; and

iii. State-based child abuse and neglect registry and/or database.