50-11.3 Criminal History Record Investigation - North Dakota Statutes

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CHAPTER 50-11.3CRIMINAL HISTORY RECORD INVESTIGATION50-11.3-01. Criminal history record investigation required.1.Before appointment as a legal guardian under chapter 27-20, the individual to be
appointed legal guardian must be subject to an assessment that includes the result
of a criminal history record investigation made under this section. In addition, any
adult living in the household of the individual to be appointed legal guardian must be
subject to a criminal history record investigation made under this section.2.An individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 shall secure, from a law enforcement
agency or other agency authorized to take fingerprints, two sets of fingerprints and
shall provide all other information necessary to secure state criminal history record
information and a nationwide background check under federal law. Upon a request
made under this section, a law enforcement agency shall take fingerprints of any
individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 and may charge a reasonable fee to offset
the cost of fingerprinting.3.An individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 shall assure that information obtained under
subsection 2 is provided to the department of human services.4.Upon receipt of all fingerprints and necessary information relating to a criminal
history record investigation, the department of human services shall submit those
fingerprints and that information to the bureau of criminal investigation.5.The bureau of criminal investigation shall request a nationwide background check
from the federal bureau of investigation and, upon receipt of a response, provide the
response of the federal bureau of investigation to the department of human services.
The bureau of criminal investigation shall also provide any criminal history record
information that may lawfully be made available under chapter 12-60 to the
department of human services. The bureau of criminal investigation may charge a
reasonable fee to offset the cost of providing any criminal history record information
and may require payment of any charge imposed by the federal bureau of criminal
investigation for a nationwide background check.6.The department of human services shall provide an individual to be appointed legal
guardian or any adult living in that individual's household, who provided the
department with information under subsection 2, with any information received under
this section from the bureau of criminal investigation which the department of human
services is not prevented by federal law from disclosing to the individual to be
appointed legal guardian or any adult living in that individual's household.7.The department of human services may adopt emergency rules under this section
without the finding otherwise required under section 28-32-02.8.A criminal history record investigation completed under this section may be used to
satisfy the criminal history record investigation requirements of sections 50-11-06.8
and 50-12-03.2.50-11.3-02. Criminal history record investigation - Effect of results.1.An individual may not be licensed or approved as a foster parent or treated as
having a home suitable for the adoption of any child other than the individual's
stepchild and a foster care facility that employs or houses an individual may not bePage No. 1licensed or approved, if the individual is the subject of a criminal history record
investigation that reveals:a.A felony conviction by a court of competent jurisdiction for criminal conduct
involving:(1)Child abuse or neglect;(2)Domestic violence, as that term is used in chapter 14-07.1;(3)A crime in which a child was a victim, including the creation or distribution
of child pornography; or(4)A crime involving violence, including rape, sexual assault, or murder, but
not including other physical assault or battery;b.A felony conviction entered within the past five years by a court of competent
jurisdiction for criminal conduct involving:(1)A crime involving violence not described in subdivision a;(2)Any drug-related offense; or(3)An attempt, facilitation, solicitation, or conspiracy to commit criminal
conduct described in subdivision a;c.A felony conviction entered by a court of competent jurisdiction for criminal
conduct described in subdivision b if five years have not elapsed after final
discharge or release from any term of probation, parole, or other form of
community corrections, without subsequent conviction, unless the individual
demonstrates sufficient rehabilitation; ord.A felony conviction entered by a court of competent jurisdiction for criminal
conduct described in subdivision b or a misdemeanor conviction by a court of
competent jurisdiction for a crime in which a child was the victim or a crime of
violence if the individual is not sufficiently rehabilitated.2.The department, in accordance with section 50-11-02, may adopt rules, using this
section as a minimum requirement, to determine whether to deny or revoke a foster
care facility's license, in accordance with section 50-11-07, if that facility houses or
employs an individual who has a criminal record.3.The department, in accordance with chapter 50-12, may adopt rules, using this
section as a minimum requirement, to determine whether an individual or an
individual's home is suitable for the adoption of any child through a child-placing
agency.Page No. 2Document Outlinechapter 50-11.3 criminal history record investigation