Native American Foster Families on the Reservation 622-05-45

 

Affidavit of Compliance with Licensing Requirements in Lieu of License for Foster Care 622-05-45-05

(Revised 8/15/2010 ML #3224)

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PI 16-39

PI 16-39 Attachment A

PI 16-39 Attachment B

 

 

1. In those cases where the home of a Native American family, not subject to the jurisdiction of the State of North Dakota for licensing purposes, is located on a recognized Indian reservation in North Dakota, an affidavit from an agent of the Tribal Child Welfare Agency or an appropriate Tribal Officer shall be accepted in lieu of a licensing procedure if the affidavit represents the following:

1. An investigation of the home was completed by the Tribe’s Child Welfare Agency or Tribal Council; and
2. The prospective home is in compliance with the standards required by North Dakota Century Code section 50-11-02;

3. The Tribe has developed their own foster home licensing standards, the standards have been adopted by Tribal resolution, and copies of the standards and Tribal resolution have been submitted to Children and Family Services.

2. The completed affidavit states that an investigation took place and that the foster family referred to is in compliance with the requirements of state law in that:

1. The premises are in fit sanitary condition and properly equipped to provide good care for all children who may be received.
2. The persons in active charge of the home are properly qualified to carry on efficiently the foster care duties that may be required of them;
3. The home is likely to be conducted for the public good in accordance with sound social policy and with due regard to health, morality, and well-being of all children cared for therein; and
4. The home is maintained in accordance to applicable standards of the Department of Human Services.

3. Satisfactory completion of a fingerprint based criminal background check.  The Tribe must provide documentation that a fingerprint based criminal background check was conducted with respect to prospective foster and adoptive parents.

The background check consists of the following:

1. Completion of “Personal Authorization for Criminal Record Inquiry,” SFN 838, for each adult living in the prospective home.
2. Completion of “Background Check Address Disclosure,”  SFN 377, for each adult in the prospective home.

3. Completion of two fingerprinting cards or Live Scan prints.

4. CPS registry check in each State the prospective foster parent, and other adults living in the home, have resided in the preceding 5 years.

 

The completed information is forwarded to Children and Family Services, NDDHS.  NDDHS conducts a Child Abuse and Neglect Index search and forwards the authorization form and print cards to the Bureau of Criminal investigation (BCI) for processing.

 

No foster home may be licensed until the background check process is complete and CFS has forwarded background check clearance to the agency conducting the licensing study and to the regional supervisor.