23-09.4 Residential Care for Autistic Children
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<![CDATA[CHAPTER 23-09.4RESIDENTIAL CARE FOR AUTISTIC CHILDREN23-09.4-01. Definitions. In this chapter unless the context otherwise requires:1."Autism spectrum disorder" means a brain disorder that may prevent understanding<br>of what a person sees, hears, or otherwise senses and is conceptualized as a<br>behavioral syndrome with multiple biological manifestations.2."Department" means the state department of health.3."Residential care facility for children with autism spectrum disorder" means a living<br>facility providing twenty-four-hour assistance for five or more children not related by<br>blood or marriage to the operator through a multidisciplinary approach including a<br>medical diagnosis of autism spectrum disorder.4."Residential care giver" means an individual who routinely provides assistance with<br>activities of daily living or direct care services in implementing the treatment plan,<br>behavior management, or education to residents in a residential care facility for<br>children with autism spectrum disorder.23-09.4-02.Department to establish standards - Licensing - Inspection.Thedepartment shall establish standards for the licensure of residential care facilities for children with<br>autism spectrum disorder, regularly inspect the facilities, and grant annual licenses to the<br>facilities that meet the established standards. Upon the request of the department, the state fire<br>marshal shall inspect any facility seeking licensure, or any licensed facility, and shall report the<br>inspection results to the department.23-09.4-03. License required - Term - Revocation. No person may operate or managea residential care facility for children with autism spectrum disorder unless the facility has been<br>licensed by the department. The license must state the name of the owner or manager of the<br>facility, its location, and the maximum number of persons who may reside in the facility at any<br>time. The license is not valid for more than one year. Any license may be revoked by the<br>department for violation of this chapter or the rules adopted by the department.23-09.4-04. Method of providing service. A residential care facility for children withautism spectrum disorder must be specifically designed, arranged, and staffed to provide<br>twenty-four hour assistance with activities of daily living in a homelike environment in response to<br>the individual needs of the residents. A residential care facility for children with autism spectrum<br>disorder must provide or make arrangements for diagnostic and treatment services, behavioral<br>management, and educational services to enable residents to attain or maintain their highest<br>practicable level of functioning.23-09.4-05. Records. The owner or manager of a residential care facility for childrenwith autism spectrum disorder must keep a record of every individual admitted to the facility, in<br>the manner and form prescribed by the department.23-09.4-06. Violations - Injunction. The department shall prosecute all violations of thischapter. The department may apply to the district court of the county in which the residential<br>care facility for children with autism spectrum disorder is located, for a temporary or permanent<br>injunction restraining any person from conducting, managing, or operating a facility without a<br>license as required by this chapter.23-09.4-07. Authority to adopt rules. The department may adopt rules necessary tocarry out its responsibilities under this chapter.23-09.4-08. Penalty.Page No. 11.Any person who operates or manages a residential care facility for children with<br>autism spectrum disorder without first obtaining a license as required by this chapter<br>is guilty of a class B misdemeanor.2.Any person who violates any provision of this chapter or any rule adopted under this<br>chapter may be assessed a civil penalty not to exceed one thousand dollars for each<br>violation and for each day the violation continues, plus interest and any costs<br>incurred by the department to enforce this penalty.The civil penalty may beimposed by a court in a civil proceeding or by the state health officer through an<br>administrative hearing under chapter 28-32. The assessment of a civil penalty does<br>not preclude the imposition of other sanctions authorized by rules adopted under this<br>chapter.Page No. 2Document Outlinechapter 23-09.4 residential care for autistic children]]>