Denial or Revocation of License 622-05-55-05-30

(Revised 6/1/22 ML #3677)

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An application to provide foster care for children shall not be denied or considered for revocation, unless the licensing specialist has provided written notice detailing the reasons for denial or revocation. An applicant or foster care provider has the right to a hearing before the Department of Human Services if such hearing is requested within twenty days after receipt of the written notice. (NDCC §50-11-08)

 

A denial or revocation of a license can only be made when:

  1. An applicant has not met a condition set forth in section 50-11-02 as prerequisites for the issuance of the license.
  2. An applicant has submitted an application containing false or misleading information or the applicant intentionally withheld information.
  3. An applicant or household member, not including a child in foster care, has violated a provision of NDCC 50-11, NDAC 75-03-14, or 622-05 policy set forth as rules of the Department.
  4. An applicant or household member, not including a child in foster care, has been convicted of an offense determined by the CFS Licensing Unit to have a direct bearing upon the person's ability to serve the public or children placed in foster care, or the Department determines, following conviction of any other offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.
  5. An applicant has failed fails to meet any of the five competency categories in identified in the pre-service training (PRIDE and/or UNITY).


In addition, the CFS Licensing Unit may proceed with denial or revocation if the applicant or a household member:

  1. Has been identified as a subject with current present or impending danger confirmed within the home.
  2. Has a member of their own household removed from the home and/or placed under the custody of a public agency; or
  3. Have or has, in the last 5 years, had their parental rights terminated on a child of their own household.

 

Denial / Revocation Process:

  1. CFS Licensing Specialists or Coordinators will write the notice, including:
  1. Specific reasons (cited law, rule and policy),
  2. Notice of their right to a hearing before the Department. If the hearing is requested within twenty days after service of the written notice, the Department shall hold the hearing within sixty days after the request, unless the applicant/foster care provider agrees to a later date.
  3. Notice of their right to be represented by counsel, to examine all files and documents in the custody of the Department regarding the applicant/foster care provider, to present witnesses at the hearing on behalf of the applicant/foster care provider and to present documentary evidence, to present testimony and cross-examine adverse witnesses, and the right to an impartial hearing officer.
  4. Notice of their right to appeal under the provisions of chapter 28-32 any final decision of the Department regarding the application for or issuance of a license required by this chapter. A foster care provide must complete a SFN 465 requesting an appeal hearing.
  1. Licensing Supervisors will provide direct support and supervision to the specialist when drafting and finalizing any denial or revocation; and
  2. Licensing Unit Administrator will offer final technical assistance and approval before the denial or revocation notice goes to Legal Advisory.

 

The letter must be sent registered mail and must contain the notification of rights as outlined in NDCC 50-11-08.

 

Hearings:

Information furnished at the informal meeting and formal hearing is confidential and subject to the provisions of NDCC §50-06-15.

 

Ability to Reapply:

If an applicant or foster care provider is denied, the individual may not reapply for a ND foster care for children license for a period of two years, unless waived by the CFS Licensing Unit after considering the health and safety of children and the licensing history of the applicant.

 

If a foster care provider is revoked, the individual may not reapply for a ND foster care for children license for a period of five years, unless waived by the CFS Licensing Unit after considering the health and safety of children and the licensing history of the applicant.