50-11 Foster Care Homes for Children and Adults
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designated by the department.2."Department" means the department of human services.3."Facility" means a family foster home for adults, family foster home for children,
group home, or residential child care facility for children.4."Family foster home for adults" means an occupied private residence in which foster
care for adults is regularly provided by the owner or lessee thereof, to four or fewer
adults who are not related by blood or marriage to the owner or lessee, for hire or
compensation.5."Family foster home for children" means an occupied private residence in which
foster care for children is regularly provided by the owner or lessee thereof to no
more than four children, unless all the children in foster care are related to each
other by blood or marriage or unless the department approves otherwise for the
placement of siblings, in which case the limitation in this subsection does not apply.6."Foster care for adults" means the provision of food, shelter, security and safety,
guidance, and comfort on a twenty-four-hour per day basis, in the home of a
caregiver, to a person age eighteen or older, who is unable, neglects, or refuses to
provide for the person's own care.7."Foster care for children" means the provision of substitute parental child care for
those children who are in need of care for which the child's parent, guardian, or
custodian is unable, neglects, or refuses to provide, and includes the provision of
food, shelter, security and safety, guidance, and comfort on a twenty-four-hour
basis, to one or more children under twenty-one years of age to safeguard the child's
growth and development and to minimize and counteract hazards to the child's
emotional health inherent in the separation from the child's family. Foster care may
be provided in a family foster home, group home, or residential child care facility.8."Group home" means a residence in which foster care is regularly provided for more
than four, but less than ten, unrelated children.9."Residential child care facility" means a facility other than an occupied private
residence providing foster care to more than eight unrelated children, except as may
be otherwise provided by rule or regulation.50-11-01. Foster care for children - License required. No person may furnish fostercare for children for more than thirty days during a calendar year without first procuring a license
to do so from the department. The mandatory provisions of this section requiring licensure do
not apply when the care is provided in:1.The home of a person related to the child by blood or marriage.2.A home or institution under the management and control of the state or a political
subdivision.3.A home or facility furnishing room and board primarily to accommodate the child's
educational or career and technical education needs.Page No. 1A person providing care under subsection 1 shall submit to a criminal history record investigation
as required under section 50-11-06.8.50-11-01.1.Family day care home for children defined.Repealed by S.L. 1975,ch. 444,