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