50-25.1 Child Abuse and Neglect - North Dakota Statutes

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CHAPTER 50-25.1CHILD ABUSE AND NEGLECT50-25.1-01. Purpose. It is the purpose of this chapter to protect the health and welfareof children by encouraging the reporting of children who are known to be or suspected of being
abused or neglected; the providing of adequate services for the protection and treatment of
abused and neglected children and to protect them from further harm; the identifying of the cause
of children's deaths, when possible; the identifying of those circumstances that contribute to
children's deaths; and the recommending of changes in policy, practices, and law to prevent
children's deaths.50-25.1-02. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."A person responsible for the child's welfare" means a person who has responsibility
for the care or supervision of a child and who is the child's parent, an adult family
member of the child, any member of the child's household, the child's guardian, or
the child's foster parent; or an employee of, or any person providing care for the
child in, a public or private school or child care setting.2."Abuse of alcohol", "alcohol abuse", or "abused alcohol" means alcohol abuse or
dependence as defined in the current diagnostic and statistical manual published by
the American psychiatric association or a maladaptive use of alcohol with negative
medical, sociological, occupational, or familial effects.3."Abused child" means an individual under the age of eighteen years who is suffering
from abuse as defined in subdivision a of subsection 1 of section 14-09-22 caused
by a person responsible for the child's welfare and "sexually abused child" means an
individual under the age of eighteen years who is subjected by a person responsible
for the child's welfare, or by any individual who acts in violation of sections
12.1-20-01 through 12.1-20-07, sections 12.1-20-11 through 12.1-20-12.2, or
chapter 12.1-27.2.4."Assessment" means a factfinding process designed to provide information that
enables a determination to be made that services are required to provide for the
protection and treatment of an abused or neglected child.5."Authorized agent" means the county social service board, unless another entity is
designated by the department.6."Children's advocacy center" means a full or associate member of the national
children's alliance which assists in the coordination of the investigation in response
to allegations of child abuse by providing a dedicated child friendly location at which
to conduct forensic interviews, forensic medical examinations, and other appropriate
services and which promotes a comprehensive multidisciplinary team response to
allegations of child abuse.The team response may include forensic interviews,forensic medical examinations, mental health and related support services,
advocacy, and case review.7."Citizen review committee" means a committee appointed by the department to
review the department's provision of child welfare services.8."Department" means the department of human services or its designee.9."Institutional child abuse or neglect" means situations of known or suspected child
abuse or neglect when the institution responsible for the child's welfare is a
residential child care facility, a treatment or care center for mentally retarded, aPage No. 1public or private residential educational facility, a maternity home, or any residential
facility owned or managed by the state or a political subdivision of the state.10."Local child protection team" means a multidisciplinary team consisting of the
designee of the director of the regional human service center, together with such
other representatives as that director might select for the team with the consent of
the director of the county social service board. All team members, at the time of
their selection and thereafter, must be staff members of the public or private
agencies they represent or shall serve without remuneration. An attorney member
of the child protection team may not be appointed to represent the child or the
parents at any subsequent court proceeding nor may the child protection team be
composed of fewer than three members.The department shall coordinate theorganization of local child protection teams on a county or multicounty basis.11."Neglected child" means a deprived child as defined in chapter 27-20.12."Prenatal exposure to a controlled substance" means use of a controlled substance
as defined in chapter 19-03.1 by a pregnant woman for a nonmedical purpose during
pregnancy as evidenced by withdrawal symptoms in the child at birth, results of a
toxicology test performed on the mother at delivery of the child at birth, or medical
effects or developmental delays during the child's first year of life that medically
indicate prenatal exposure to a controlled substance.13."Protective services" includes services performed after an assessment of a report of
child abuse or neglect has been conducted, such as social assessment, service
planning, implementation of service plans, treatment services, referral services,
coordination with referral sources, progress assessment, monitoring service delivery,
and direct services.14."State child protection team" means a multidisciplinary team consisting of the
designee of the department and, where possible, of a physician, a representative of
a child-placing agency, a representative of the state department of health, a
representative of the attorney general, a representative of the superintendent of
public instruction, a representative of the department of corrections and
rehabilitation, one or more representatives of the lay community, and, as an ad hoc
member, the designee of the chief executive official of any institution named in a
report of institutional abuse or neglect.All team members, at the time of theirselection and thereafter, must be staff members of the public or private agency they
represent or shall serve without remuneration. An attorney member of the child
protection team may not be appointed to represent the child or the parents at any
subsequent court proceeding nor may the child protection team be composed of
fewer than three persons.50-25.1-03. Persons required and permitted to report - To whom reported.1.Any physician, nurse, dentist, optometrist, medical examiner or coroner, or any other
medical or mental health professional, religious practitioner of the healing arts,
schoolteacher or administrator, school counselor, addiction counselor, social worker,
child care worker, foster parent, police or law enforcement officer, juvenile court
personnel, probation officer, division of juvenile services employee, or member of
the clergy having knowledge of or reasonable cause to suspect that a child is
abused or neglected, or has died as a result of abuse or neglect, shall report the
circumstances to the department if the knowledge or suspicion is derived from
information received by that person in that person's official or professional capacity.
A member of the clergy, however, is not required to report such circumstances if the
knowledge or suspicion is derived from information received in the capacity of
spiritual adviser.Page No. 22.Any person having reasonable cause to suspect that a child is abused or neglected,
or has died as a result of abuse or neglect, may report such circumstances to the
department.50-25.1-03.1. Photographs - X-rays - Medical tests. Any person or official required toreport under this chapter may cause to be taken color photographs of the areas of trauma visible
on a child who the person or official has knowledge or reasonable cause to suspect is an abused
or neglected child and, if indicated by medical consultation, cause to be performed imaging
studies, laboratory tests, colposcopies, and other medical tests of the child without the consent of
the child's parents or guardian. All photographs and other visual images taken pursuant to this
section must be taken by law enforcement officials, physicians, or medical facility professionals
upon the request of any person or official required to report under this chapter. Photographs and
visual images, or copies of them, must be sent to the department or the department's designee
at the time the initial report of child abuse or neglect is made or as soon thereafter as possible.
Imaging studies or copies of the studies and copies of results of other tests conducted under this
section must be provided to the department or the department's designee upon request.50-25.1-04. Method of reporting. All persons mandated or permitted to report cases ofknown or suspected child abuse or neglect shall immediately cause oral or written reports to be
made to the department or the department's designee. Oral reports must be followed by written
reports within forty-eight hours if so requested by the department or the department's designee.
A requested written report must include information specifically sought by the department if the
reporter possesses or has reasonable access to that information. Reports involving known or
suspected institutional child abuse or neglect must be made and received in the same manner as
all other reports made under this chapter.50-25.1-04.1. State child protection team - How created - Duties.1.The department shall name the members of the state child protection team. The
members must be appointed for three-year staggered terms.The member whorepresents the department shall serve as presiding officer and is responsible for the
transmittal of all team reports made pursuant to this chapter. The presiding officer
shall set meetings for the purposes of fulfilling the duties set forth in sections
50-25.1-02 and 50-25.1-04.2.Under procedures adopted by the team, it may meet at any time, confer with any
individuals, groups, and agencies, and may issue reports or recommendations on
any aspect of child abuse, neglect, or death resulting from abuse or neglect it deems
appropriate.All reports or recommendations issued are subject to section50-25.1-11, except that the team shall make available information reflecting the
disposition of reports of institutional child abuse, neglect, or death resulting from
abuse or neglect, when the identity of persons reporting, and of the children and
parents of children involved, is protected.3.In every case of alleged institutional child abuse or neglect, the state child protection
team shall make a determination that child abuse or neglect is or is not indicated.
Upon a determination that institutional child abuse or neglect is indicated, the state
child protection team promptly shall make a written report of the determination.
When the subject of the report is a state-operated institution, the state child
protection team promptly shall notify the governor of the determination.50-25.1-04.2. Child fatality review panel. The state child protection team shall serve asa child fatality review panel. The department shall appoint a peace officer licensed in the state, a
mental health professional, and any other person as appropriate to assist the panel in the
performance of its duties. The department, in coordination with the state department of health,
shall adopt rules for the operation of the panel. Panel members are not entitled to compensation
or reimbursement of expenses for service on the panel.Page No. 350-25.1-04.3. Child fatality review panel - Duties. The child fatality review panel shallmeet at least semiannually to review the deaths of all minors which occurred in the state during
the preceding six months and to identify trends or patterns in the deaths of minors. The panel
shall promote:1.Interagency communication for the management of child death cases and for the
management of future nonfatal cases.2.Effective criminal, civil, and social intervention for families with fatalities.3.Intervention and counseling of surviving and at-risk siblings, and offer the same.4.Interagency use of cases to audit the total health and social service systems and to
minimize misclassification of cause of death.5.Evaluation of the impact of specific risk factors including substance abuse, domestic
violence, and prior child abuse.6.Interagency services to high-risk families.7.Data collection for surveillance of deaths and the study of categories of causes of
death.8.The use of media to educate the public about child abuse prevention.9.Intercounty and interstate communications regarding child death.10.Use of local child protection team members as local child fatality review panelists.11.Information that apprises a parent or guardian of the parent's or guardian's rights
and the procedures taken after the death of a child.50-25.1-04.4. Child fatality review panel - Access to records. Upon the request of acoroner or the presiding officer of a child fatality review panel, any hospital, physician, medical
professional, medical facility, mental health professional, mental health facility, school counselor,
or division of juvenile services employee shall disclose all records of that entity with respect to
any child who has or is eligible to receive a certificate of live birth and who has died. The person
submitting the request shall reimburse the disclosing entity for the actual costs of assembling and
disclosing the information.50-25.1-04.5.Childfatalityreviewpanel-Confidentialityofmeetings,documentation, and reports. Notwithstanding section 44-04-19, all meetings of the panel are
closed to the public. Notwithstanding section 44-04-18, all documentation and reports, except for
an annual report, of the panel are confidential. The panel shall make available to the persons
designated in section 50-25.1-11 the documentation and reports of the panel.50-25.1-05. Assessment.1.The department, in accordance with rules adopted by the department, immediately
shall initiate an assessment, or cause an assessment, of any report of child abuse or
neglect including, when appropriate, the assessment of the home or the residence of
the child, any school or child care facility attended by the child, and the
circumstances surrounding the report of abuse or neglect.2.If the report alleges a violation of a criminal statute involving sexual or physical
abuse, the department and an appropriate law enforcement agency shall coordinate
the planning and execution of their investigation efforts to avoid a duplication of
factfinding efforts and multiple interviews. The department or the law enforcement
agency may:Page No. 4a.Refer the case to a children's advocacy center for a forensic interview, forensic
medical examination, and other services.b.Interview, without the consent of a person responsible for the child's welfare,
the alleged abused or neglected child and any other child who currently resides
or who has resided with the person responsible for the child's welfare or the
alleged perpetrator.c.Conduct the interview at a school, child care facility, or any other place where
the alleged abused or neglected child or other child is found.3.Except as prohibited under title 42, Code of Federal Regulations, part 2, a regional
human service center shall disclose to the department or the department's
authorized agent, upon request, the records of a patient or client which are relevant
to an assessment of reported child abuse or neglect.4.The department shall adopt guidelines for case referrals to a children's advocacy
center. When cases are referred to a children's advocacy center, all interviews of
the alleged abused or neglected child conducted at the children's advocacy center
under this section shall be audio-recorded or video-recorded.50-25.1-05.1.Services required - How determined.Upon completion of theassessment of the initial report of child abuse or neglect, a decision must be made whether
services are required to provide for the protection and treatment of an abused or neglected child.1.This determination is the responsibility of the department.2.A decision that services are required may not be made when the suspected childabuse or neglect arises solely out of conduct involving the legitimate practice of
religious beliefs by a parent or guardian. This exception does not preclude a court
from ordering that medical services be provided to the child when the child's life or
safety requires it or the child is subject to harm or threatened harm.50-25.1-05.2. Report to the court - Entry of report in the child abuse informationindex.1.Upon a decision that services are required, the department promptly shall make a
written report of the decision to the juvenile court having jurisdiction in the matter.2.The department promptly shall file a report of a decision that services are required
under this section in the child abuse information index.50-25.1-05.3. Disposition of reports implicating a person not responsible for thechild's health or welfare. Upon determination by the department or the department's designee
that a report made under this chapter implicates a person other than a person responsible for a
child's welfare, the department may refer the report to an appropriate law enforcement agency for
investigation and disposition.50-25.1-05.4. Department to adopt rules for review of assessment findings. Thedepartment shall adopt rules to resolve complaints and conduct appeal hearings requested by
the subject of a report of suspected child abuse, neglect, or death resulting from abuse or neglect
who is aggrieved by the conduct or result of an assessment.50-25.1-05.5. Child abuse information index - Establishment. The division of childrenand family services or other division as determined appropriate by the department shall maintain
a child abuse information index of all reports of decisions that services are required for child
abuse, neglect, or death resulting from abuse or neglect which are filed pursuant to section
50-25.1-05.2.Page No. 550-25.1-05.6.Interviews on school property.The department or appropriate lawenforcement agency shall notify the school principal or other appropriate school administrator of
its intent to conduct an interview on school property pursuant to section 50-25.1-05. The school
administrator may not disclose the nature of the notification or any other related information
concerning the interview to any person, including a person responsible for the child's welfare.
The school administrator and department or law enforcement agency shall make every effort to
reduce the disruption of the educational program of the child, other students, or school staff when
an interview is conducted on school property.50-25.1-06.Protective and other services to be provided.The department shallprovide protective services for the abused or neglected child and other children under the same
care as may be necessary for their well-being and shall provide other appropriate social services,
as the circumstances warrant, to the parents, custodian, or other persons serving in loco parentis
with respect to the child or the other children.The department may discharge the dutiesdescribed in this section through an authorized agent.50-25.1-06.1.Caseload standards - Reimbursement.The department shall adoptcaseload standards establishing minimum staff-to-client ratios for the assessment of reports of
child abuse or neglect and the provision of protective services. Within the limits of legislative
appropriation, the department shall reimburse its authorized agent, upon claim being made by
the authorized agent, for seventy-five percent of additional staff costs caused by the imposition of
such caseload standards. Upon a determination that legislative appropriations are insufficient to
reimburse each claiming authorized agent in the amount of seventy-five percent of such
additional staff costs, the department shall reimburse each claiming authorized agent for that
percentage of additional staff costs which the appropriation is sufficient to defray.50-25.1-07. Protective custody. Any physician examining a child with respect to whomabuse or neglect is known or suspected, after reasonable attempts to advise the parents,
guardian, or other person having responsibility for the care of the child that the physician
suspects has been abused or neglected, may keep the child in the custody of the hospital or
medical facility for not to exceed ninety-six hours and must immediately notify the juvenile court
and the department in order that child protective proceedings may be instituted.50-25.1-08.Guardian ad litem.The court, in every case involving an abused orneglected child which results in a judicial proceeding, shall appoint a guardian ad litem for the
child in those proceedings.50-25.1-09.Immunity from liability.Any person, other than the alleged violator,participating in good faith in the making of a report, assisting in an investigation or assessment,
furnishing information, or in providing protective services under this chapter or who is a member
of the child fatality review panel, is immune from any liability, civil or criminal, except for criminal
liability as provided by section 50-25.1-13, that otherwise might result from reporting the alleged
case of abuse, neglect, or death resulting from child abuse or neglect. For the purpose of any
proceeding, civil or criminal, the good faith of any person required to report cases of child abuse,
neglect, or death resulting from abuse or neglect must be presumed.50-25.1-09.1. Employer retaliation prohibited.1.An employer who retaliates against an employee solely because the employee in
good faith reported having reasonable cause to suspect that a child was abused or
neglected, or died as a result of abuse or neglect, or because the employee is a
child with respect to whom a report was made, is guilty of a class B misdemeanor. It
is a defense to any charge brought under this section that the presumption of good
faith, described in section 50-25.1-09, has been rebutted.2.The employer of a person required or permitted to report pursuant to section
50-25.1-03 who retaliates against the person because of a report of abuse or
neglect, or a report of a death resulting from child abuse or neglect, is liable to thatPage No. 6person in a civil action for all damages, including exemplary damages, costs of the
litigation, and reasonable attorney's fees.3.There is a rebuttable presumption that any adverse action within ninety days of a
report is retaliatory. For purposes of this subsection, an "adverse action" is action
taken by an employer against the person making the report or the child with respect
to whom a report was made, including:a.Discharge, suspension, termination, or transfer from any facility, institution,
school, agency, or other place of employment;b.Discharge from or termination of employment;c.Demotion or reduction in remuneration for services; ord.Restriction or prohibition of access to any facility, institution, school, agency, or
other place of employment or persons affiliated with it.50-25.1-10.Abrogationofprivilegedcommunications.Anyprivilegeofcommunication between husband and wife or between any professional person and the person's
patient or client, except between attorney and client, is abrogated and does not constitute
grounds for preventing a report to be made or for excluding evidence in any proceeding
regarding child abuse, neglect, or death resulting from abuse or neglect resulting from a report
made under this chapter.50-25.1-11.Confidentiality of records - Authorized disclosures.A report madeunder this chapter, as well as any other information obtained, is confidential and must be made
available to:1.A physician who has before the physician a child whom the physician reasonably
suspects may have been abused or neglected.2.A person who is authorized to place a child in protective custody and has before the
person a child whom the person reasonably suspects may have been abused or
neglected and the person requires the information to determine whether to place the
child in protective custody.3.Authorized staff of the department and its authorized agents, children's advocacy
centers, and appropriate state and local child protection team members, and citizen
review committee members.4.Any person who is the subject of the report; provided, however, that the identity of
persons reporting or supplying information under this chapter is protected until the
information is needed for use in an administrative proceeding arising out of the
report.5.Public officials and their authorized agents who require the information in connection
with the discharge of their official duties.6.A court, including an administrative hearing office, whenever the court determines
that the information is necessary for the determination of an issue before the court.7.A person engaged in a bona fide research purpose approved by the department's
institutional review board; provided, however, that no individually identifiable
information as defined in section 50-06-15 is made available to the researcher
unless the information is absolutely essential to the research purpose and the
department gives prior approval.Page No. 78.A person who is identified in subsection 1 of section 50-25.1-03, and who has made
a report of suspected child abuse or neglect, if the child is likely to or continues to
come before the reporter in the reporter's official or professional capacity.9.A parent or a legally appointed guardian of the child identified in the report as
suspected of being, or having been, abused or neglected, provided the identity of
persons making the report or supplying information under this chapter is protected.
Unless the information is confidential under section 44-04-18.7, when a decision is
made under section 50-25.1-05.1 that services are required to provide for the
protection and treatment of an abused or neglected child, the department shall make
a good-faith effort to provide written notice of the decision to persons identified in this
subsection.The department shall consider any known domestic violence whenproviding notification under this section.50-25.1-12. Cooperation required. All law enforcement officials, courts of competentjurisdiction, and appropriate state agencies shall cooperate in fulfillment of the purposes of this
chapter.50-25.1-13. Penalty for failure to report - Penalty and civil liability for false reports.Any person required by this chapter to report or to supply information concerning a case of
known or suspected child abuse, neglect, or death resulting from abuse or neglect who willfully,
as defined in section 12.1-02-02, fails to do so is guilty of a class B misdemeanor. Any person
who willfully, as defined in section 12.1-02-02, makes a false report, or provides false information
which causes a report to be made, under this chapter is guilty of a class B misdemeanor unless
the false report is made to a law enforcement official, in which case the person who causes the
false report to be made is guilty of a class A misdemeanor. A person who willfully makes a false
report, or willfully provides false information that causes a report to be made, under this chapter
is also liable in a civil action for all damages suffered by the person reported, including exemplary
damages.50-25.1-14. Unauthorized disclosure of reports - Penalty. Any person who permits orencourages the unauthorized disclosure of reports made or confidential information obtained
under the provisions of this chapter is guilty of a class B misdemeanor.50-25.1-15. Abandoned infant - Hospital procedure - Reporting immunity.1.As used in this section:a."Abandoned infant" means an abandoned infant as defined in section 27-20-02
and which has been left at a hospital in an unharmed condition.b."Hospital" means a facility licensed under chapter 23-16.2.A parent of an infant may abandon the infant at any hospital. An agent of the parent
may leave an abandoned infant at a hospital with the parent's consent. Neither the
parent nor the agent is subject to prosecution under sections 14-07-15 and 14-09-22
for leaving the abandoned infant at a hospital.3.A hospital shall accept an infant abandoned or left under this section. The hospital
may request information regarding the parents and shall provide the parent or the
agent with a medical history form and an envelope with the hospital's return address.
Neither the parent nor the agent is required to provide any information.4.The hospital shall provide the parent or the agent with a numbered identification
bracelet to link the parent or the agent to the abandoned infant. Possession of an
identification bracelet does not entitle the bracelet holder to take custody of the
abandoned infant on demand.If an individual possesses a bracelet linking theindividual to an abandoned infant left at a hospital under this section and parental
rights have not been terminated, possession of the bracelet creates a presumptionPage No. 8that the individual has standing to participate in a protection services action brought
under this chapter or chapter 27-20. Possession of the bracelet does not create a
presumption of maternity, paternity, or custody.5.The hospital may provide the parent or the agent with any relevant information,
including:a.Information about the safe place for abandoned infant programs;b.Information about adoption and counseling services; andc.Information about whom to contact if reunification is sought.6.Within twenty-four hours of receiving an abandoned infant under this section, the
hospital shall report to the department, as required by section 50-25.1-03, that an
abandoned infant has been left at the hospital. The report may not be made before
the parent or the agent leaves the hospital.7.The hospital and its employees and agents are immune from any criminal or civil
liability for accepting an abandoned infant under this section.8.Upon receiving a report of an abandoned infant left at a hospital under this section,
the department shall proceed as required under this chapter if it appears that the
abandoned infant was not harmed, except the department may not attempt to
identify or contact the parent or the agent. If it appears the abandoned infant was
harmed, the department shall initiate an assessment of the matter as required by
law.9.If an individual claiming to be the parent or the agent contacts the department and
requests to be reunited with the abandoned infant, the department may identify or
contact the individual as required under this chapter and all other applicable laws. If
an individual contacts the department seeking information only, the department may
attempt to obtain information regarding the identity and medical history of the
parents and may provide information regarding the procedures in an abandoned
infant case.The individual is under no obligation to respond to the request forinformation, and the department may not attempt to compel response to investigate
the identity or background of the individual.50-25.1-16. Prenatal exposure to controlled substances - Reporting requirements.1.An individual required to report under section 50-25.1-03 who has knowledge of or
reasonable cause to suspect that a woman is pregnant and has used a controlled
substance for a nonmedical purpose during the pregnancy shall report the
circumstances to the department if the knowledge or suspicion is derived from
information received by that individual in that individual's official or professional
capacity.2.Any individual may make a voluntary report if the individual has knowledge of or
reasonable cause to suspect that a woman is pregnant and has used a controlled
substance for a nonmedical purpose during the pregnancy.3.If a report alleges a pregnant woman's use of a controlled substance for a
nonmedical purpose, the department or its designee shall immediately initiate an
appropriate assessment and offer services indicated under the circumstances.
Services offered may include a referral for chemical dependency assessment, a
referral for chemical dependency treatment if recommended, or a referral for
prenatal care. The department or its designee may also take any appropriate action
under chapter 25-03.1.Page No. 94.A report and assessment under this section is not required if the pregnant woman
voluntarily enters treatment in a licensed treatment program. If the pregnant woman
does not complete voluntary treatment or fails to follow treatment recommendations,
an individual required to report under section 50-25.1-03 who has knowledge of the
failuretocompletevoluntarytreatmentorfailuretofollowtreatmentrecommendations shall make a report as required by this section.5.A report under this section must be made as described in section 50-25.1-04 and
must be sufficient to identify the woman, the nature and extent of use, if known, and
the name and address of the individual making the report.50-25.1-17. Toxicology testing - Requirements.1.If the woman has obstetrical complications that are a medical indication of possible
use of a controlled substance for a nonmedical purpose, upon the consent of the
pregnant woman, or without consent if a specimen is otherwise available, a
physician shall administer a toxicology test to a pregnant woman under the
physician's care or to a woman under the physician's care within eight hours after
delivery to determine whether there is evidence that she has ingested a controlled
substance. If the test results are positive, the physician shall report the results under
section 50-25.1-03.1.A negative test result or the pregnant woman's refusal toconsent to a test does not eliminate the obligation to report under section 50-25.1-03
if other evidence gives the physician reason to believe the patient has used a
controlled substance for a nonmedical purpose.2.If a physician has reason to believe based on a medical assessment of the mother
or the infant that the mother used a controlled substance for a nonmedical purpose
during the pregnancy, the physician shall administer, without the consent of the
child's parents or guardian, to the newborn infant born under the physician's care a
toxicology test to determine whether there is evidence of prenatal exposure to a
controlled substance. If the test results are positive, the physician shall report the
results as neglect under section 50-25.1-03.A negative test result does noteliminate the obligation to report under section 50-25.1-03 if other medical evidence
of prenatal exposure to a controlled substance is present.3.A physician or any other medical personnel administering a toxicology test to
determine the presence of a controlled substance in a pregnant woman, in a woman
within eight hours after delivery, or in a child at birth or during the first month of life is
immune from civil or criminal liability arising from administration of the test if the
physician ordering the test believes in good faith that the test is required under this
section and the test is administered in accordance with an established protocol and
reasonable medical practice.A physician or any other medical personnel whodetermines in good faith not to administer a toxicology test under this section is
immune from liability for not administering the test.50-25.1-18. Prenatal exposure to alcohol abuse - Reporting requirements.1.An individual required to report under section 50-25.1-03 who has knowledge of or
reasonable cause to suspect that a woman is pregnant and has abused alcohol after
the woman knows of the pregnancy may:a.Arrange for a chemical dependency assessment conducted by a licensed
treatment program and confirm that the recommendations indicated by the
assessment are followed; orb.Immediately report the circumstances to the department if the knowledge or
suspicion is derived from information received by that individual in that
individual's official or professional capacity.Page No. 102.An individual may make a voluntary report if the individual has knowledge of or
reasonable cause to suspect that a woman is pregnant and has abused alcohol
during the pregnancy.3.If the woman is referred for a chemical dependency assessment under subdivision a
of subsection 1 and fails to obtain an assessment or refuses to comply with the
recommendations of the assessment, an individual required to report under section
50-25.1-03 who has knowledge of the failure to obtain the assessment or refusal to
comply with recommendations of the assessment shall make a report to the
department.4.If a report alleges a pregnant woman has abused alcohol, the department or its
designee shall immediately initiate an appropriate assessment and offer services
indicated under the circumstances.Services offered may include a referral forchemical dependency assessment, a referral for chemical dependency treatment, if
recommended, or a referral for prenatal care. The department or its designee may
also take any appropriate action under chapter 25-03.1.5.A report and assessment under this section is not required if the pregnant woman
voluntarily enters treatment in a licensed treatment program. If the pregnant woman
does not complete voluntary treatment or fails to follow treatment recommendations,
an individual required to report under section 50-25.1-03 who has knowledge of the
failuretocompletevoluntarytreatmentorfailuretofollowtreatmentrecommendations shall make a report as required by this section.6.A report under this section must be made as described in section 50-25.1-04 and
must be sufficient to identify the woman, the nature and extent of the abuse of
alcohol, any health risk associated with the abuse of alcohol, and the name and
address of the individual making the report.50-25.1-19. Child protective services duties - Training requirements.1.The department, at the initial time of contact with an individual subject to a child
abuse or neglect assessment, shall advise the individual of the specific complaints
or allegations made against the individual.2.The department shall provide training to all representatives of the child protective
services system regarding the legal duties of the representatives. The training may
consist of various methods of informing the representatives of these duties, to
protect the legal rights and safety of children and families from the initial time of
contact during assessment through treatment.3.The department shall adopt rules to implement the requirements of this section.Page No. 11Document Outlinechapter 50-25.1 child abuse and neglect