25-01.1 Institutional Management - North Dakota Statutes

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CHAPTER 25-01.1INSTITUTIONAL MANAGEMENT25-01.1-01. Definition of supervising department. In this chapter unless the contextor subject matter otherwise requires, "supervising department" means that department, division,
board, or office responsible for and exercising supervision, control, and administration over the
state hospital, as provided by law.25-01.1-02. Heads of institutions responsible to supervising department. For theexercise of the duties of general supervision over the institutions subject to the control of the
supervising department, the heads of the institutions are responsible to the supervising
department.25-01.1-03. Adopt uniform system of accounting. The supervising department shalldevise and install a system of accounting and auditing of all moneys appropriated, received, and
expended. Such system must be adapted to the institutions under its control and must be made
as nearly uniform as the necessities of the case may permit and in accordance with requirements
of the office of management and budget.25-01.1-04. Books and accounts kept by supervising department. The supervisingdepartment shall keep at its office a proper and complete system of books and accounts with
each institution under its control which must show every expenditure authorized and made
thereat. The book must exhibit an account of each extraordinary or special appropriation made
by the legislative assembly, with each item of expenditure thereof.25-01.1-05.Blanks and forms furnished by supervising department.Thesupervising department shall formulate and furnish to each institution under its control proper
blanks and forms for all statements and accounts necessary to furnish the information required of
the institution.25-01.1-06. Supervising department to have access to institutions and to booksand records of institutions. The supervising department shall have access to all the state
institutions under its management and control and to all books, accounts, vouchers, supplies,
and equipment of each of the institutions so that the supervising department may familiarize itself
with the conditions, needs, and requirements of the institutions.All books, documents, andrecords relating to the concerns and business of such institutions except personal records of
patients at all times must be open to the examination of any citizen of this state.Personalrecords of patients must be made available upon court order or in accordance with rules and
regulations established by the supervising department.25-01.1-07. Rules for procedure and administration of institutions. The supervisingdepartment shall make all necessary rules for its own procedure and for the general
administration, supervision, and management of the institutions under its control and
management.25-01.1-08.Inspection of institutions.The supervising department or its dulyauthorized representative shall visit and inspect the institutions under its administration and
control concerning administration, treatment, or finances of such institutions at any time, but shall
make such inspection at least twice each year.If deemed necessary, the supervisingdepartment shall examine under oath the officers and attendants, guards, and other employees
and make such inquiries as will determine their fitness for their respective duties.25-01.1-09.Investigation of institutions - Witnesses - Fees - Not excused fromtestifying. The supervising department, in aid of the investigation of any institution under its
control, may summon and compel the attendance of witnesses and examine the same under
oath, which any member thereof shall have the power to administer. The supervising department
shall have access to all books, accounts, papers, and property material to such investigation and
may order the production of any other books or papers material thereto. Witnesses other thanPage No. 1those in the employ of the state are entitled to the same fees as are allowed in civil cases in the
district court. The claim that any testimony or evidence sought to be elicited or produced on such
examination may tend to incriminate the person giving or producing it, or expose that person to
public ignominy, does not excuse that person from testifying or producing evidence, documentary
or otherwise, but no person may be prosecuted or subjected to any penalty or forfeiture for and
on account of any matter or thing concerning which the person may testify or produce such
evidence. The witness is not exempt from prosecution and punishment for perjury committed in
so testifying.25-01.1-10. Testimony taken at investigation transcribed and filed. The supervisingdepartment shall cause the testimony taken at any investigation to be transcribed and filed in its
office within ten days after the same is taken, or as soon thereafter as practicable. When so
filed, the evidence must be open for inspection of any person.25-01.1-11. Failure to testify - Contempt. Any person who fails or refuses to obey theorders of the supervising department issued in an investigation of any institution under its control,
or to give or produce evidence when required, must be reported by the supervising department to
the district court or any judge thereof and must be dealt with by the court or judge as for
contempt of court.25-01.1-12. Report to governor any abuses and wrongs existing in institutions.The supervising department shall investigate and report to the governor any abuses or wrongs
alleged to exist in the institutions under its control and management.25-01.1-13. Supervising department to keep record of persons in institutions. Thesupervising department shall keep in its office a record showing:1.The residence, sex, age, nativity, occupation, religion, civil condition, and date of
entrance or commitment of every person, patient, or inmate in the institutions under
its control and administration.2.The date of discharge of every such person from the institutions, and whether such
discharge was final.3.The condition of the person at the time the person left the institution.4.If a person is transferred from one institution to another, to what institution
transferred.5.If a person, patient, or inmate of an institution dies, the date and cause of death.This information must be furnished to the supervising department by the institutions under its
control. Such other obtainable facts must be furnished as the supervising department, from time
to time, may require. No one may have access to the records, except as authorized by the
supervising department, or on the order of a court of record.25-01.1-14.Entrance and discharge record of persons at institutions.Themanaging officer of each institution, within thirty days after the commitment or entrance of a
person, patient, or inmate to the institution, shall cause a true copy of the entrance record to be
made and forwarded to the office of the supervising department. When a patient or inmate
leaves, or is discharged, transferred, or dies in any institution, the superintendent or person in
charge, within ten days thereafter, shall send such information to the supervising department
having control of such institution. All such information must be furnished on forms which the
supervising department may prescribe.25-01.1-14.1. Heads of institutions - Duty to appoint surrogate parents. The headsof each of the state institutions shall establish as required by the state superintendent a
procedure for determining whether a patient under the age of twenty-one years needs aPage No. 2surrogate parent and for assigning such a surrogate parent for the purpose of special education
and related services.25-01.1-15. Supervising department to provide protection against fire - Means ofescape. The supervising department under advisement of the state fire marshal shall compel
the superintendent of each of the institutions under its control to:1.Provide at each institution adequate and ready means of protection against fire.2.Construct proper means of escape for the patients and attendants where the same
are not already constructed.3.Establish and enforce rigid rules and regulations by which the danger of fire shall be
minimized.4.Prevent, as far as possible, injury to the patients or pupils and loss or destruction, by
any cause, of the property of the state.25-01.1-16. Inventory of stocks and supplies. The supervising department, annuallyon June thirtieth of each year, shall require the superintendent of each institution under its charge
to make a complete, minute, and accurate inventory of the stock and supplies on hand, and the
amount and value thereof. The inventory must be under the following heads:1.Livestock.2.Produce of the farm on hand.3.Automobiles, trucks, and other vehicles.4.Agricultural implements.5.Machinery.6.Mechanical fixtures.7.Real estate.8.Beds and bedding in patients' department.9.Other furniture in patients' department.10.Personal property of the state in superintendent's department.11.Readymade clothing.12.Dry goods.13.Provisions and groceries.14.Drugs and medicines.15.Fuel.16.Library property.17.All other property under such heads as the supervising department may deem
proper.Page No. 3A like inventory must be submitted by the proper superintendent of each institution to the
supervising department when requested by the supervising department.25-01.1-17. Moneys remitted to state treasurer. All moneys belonging to the state,derived from any source at any of the institutions under the control of the supervising department,
must be accounted for and remitted to the state treasurer not later than the tenth day of each
month. The state treasurer shall maintain a special operating fund within the state treasury for
each remitting institution. All rents, interests, or income from land, money, or property donated or
granted by the United States and allocated to specific charitable institutions under the terms of
the Enabling Act and the Constitution of North Dakota must be deposited in such special
operating fund of each institution and expended in accordance with section 1 of article IX of the
Constitution of North Dakota. The state treasurer shall make periodic transfers upon order of the
director of the office of management and budget from each institutional general fund
appropriation to the appropriate institutional special operating fund whenever its balance falls so
low as to require supplementation. All funds for necessary expenditures of such institutions must
be drawn from the special operating fund in the state treasury as provided by this chapter.25-01.1-18. Property of institution is property of state. All public property of everykind and all public money in the charge of the superintendent of any institution under the control
of the supervising department, or that comes to the superintendent's control on account of the
institution under the superintendent's charge, or from the business thereof, is the property of the
state and at all times must be kept separate and apart from the property of such superintendent.25-01.1-19.Fundsbelongingtoinstitutionsor patients to be paid tosuperintendent. Each officer and employee of all state institutions under the management and
control of the supervising department shall pay over to the superintendent of the institution
without delay any funds which may come into the officer's or employee's hands belonging to any
patient of the institution and of which the superintendent is the legal custodian. An officer or
employee shall pay over to the proper officer of the institution without delay any funds belonging
to the institution.25-01.1-20. Care and custody of funds belonging to patients of state institutions.The superintendent of any state institution under the management and control of the supervising
department, when the care and custody of any funds belonging to patients of a state institution
are by law devolved upon the superintendent, shall keep accurate accounts of these funds in
books provided for that purpose and shall pay out these funds under rules as may be prescribed
by law or by the supervising department, taking proper vouchers of the funds in all cases from
the patient or responsible representative of the patient. Each superintendent shall give a bond
conditioned for the faithful performance of duties.25-01.1-21.Property of patients to be returned.The money and effects, exceptclothing, in possession of each patient when committed to any institution under control of the
supervising department must be preserved by the superintendent of such institution and returned
to such patient when discharged.25-01.1-22.Estimate of expenditures of institutions presented to supervisingdepartment and office of management and budget - Revision.At the times and in themanner provided by the office of management and budget, the superintendent shall cause to be
prepared triplicate estimates of all expenditures required for the institution.Two of the saidtriplicate estimates must be sent to the supervising department and the third must be kept by the
superintendent.The supervising department may revise the estimates for supplies or otherexpenditures and shall certify that it has carefully examined the same and that the articles
contained in such estimates as approved, or revised by it, are, to its best knowledge and belief,
actually required for the use of the institution. An approved copy containing any revisions of the
estimate by the supervising department must be forwarded by the supervising department to the
office of management and budget which shall contract for the required purchases.25-01.1-23. Office of management and budget to advertise for bids for supplies -State firm given preference. Repealed by S.L. 1979, ch. 568,