Background Check Procedures 620-01-40

(Revised 9/20/13 ML #3387)

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The fingerprint background check shall be completed for:

 

1. new directors,

 

2. new supervisors,

 

3. new providers, and

 

4. new staff members who are eighteen years of age or older and who have lived outside North Dakota in the last 10 years. This does not include volunteers such as foster grandparents and practicum students who will be under direct supervision at all times.

 

Only these individuals should have their fingerprints taken for a full fingerprint based criminal background check. If an individual is required to have a FBI fingerprint background check completed through another agency for the same program, such as a school, and that agency is able to provide the Department with a clear fingerprint memo for the individual, the Department may accept that memo as an alternate method of completing the fingerprint background check requirements.

 

Regional child care licensing offices will be responsible for completing:

 

1. North Dakota court searches on directors, supervisors, providers, emergency designees for self-declared providers and household members annually;

 

2. Sex offender registry checks on directors, supervisors, providers, emergency designees for self-declared providers, household members and staff members annually; and

 

3. Child Abuse/Neglect Index checks on directors, supervisors, providers, emergency designees for self-declared providers, household members and staff members annually.

 

The authorized agent will be responsible for ensuring that operators comply with the background check requirements for their staff:

 

1. Operators of child care programs will be responsible for completing the North Dakota court searches on their individual staff members upon initial hire, unless the employee has the full fingerprint check completed, and annually for all employees.

 

2. Operators will be required to keep documentation of the court searches they do.

 

3. Operators will also be required to maintain a written policy on how they will determine who can be employed in their program and what offenses will disqualify an individual from employment.

 

4. Annual background checks for current staff members will require the SFN 508 (Authorization for Background Check) be submitted for child abuse/neglect and sex offender checks by regional office and North Dakota court searches by the operator of the child care program.