75-03-14.1-05. Employees and nonemployees.

1. The shelter care program clearly shall define, in writing, the roles and responsibilities of the employees and nonemployees assuring the health and safety of the resident and coordination of the resident's safe return to the custodian, parent, or guardian.

2. The shelter care program shall establish policy and procedures for employee and nonemployee roles and responsibilities, including:

a. Initial fingerprint-based criminal background checks for employees and a criminal background check for nonemployees; b. Annual child abuse and neglect checks; c. Job descriptions; and d. Assigned shifts and protocol for shift changes.

3. A shelter care program shall hire a supervisor of shelter care program operations and the supervisor: a. Must have a bachelor's degree in business or public administration, social work, behavioral science, or a human services field and have two years of related work experience in administration; b. Shall ensure the shelter care program has written policy and procedure; c. Shall oversee daily operations; d. Shall administer admission and discharge criteria; and e. Shall provide adequate supervision to all employees and nonemployees.

4. A shelter care program shall hire employees and the employees: a. Must be at least twenty years of age; b. Must have a high school diploma or equivalent; c. Shall assure and be devoted to the health and safety of each resident in placement and coordination of the resident's safe return to the custodian, parent, or guardian; d. Shall achieve the competencies necessary to meet the needs and engage appropriately with each resident in placement; e. Shall prepare meals; f. Shall organize activities and structure a daily routine for the resident in placement; and g. Shall document a daily activity log to share with the custodian, parent, or guardian.

5. A shelter care program shall ensure there are adequate employees working to meet the minimum employee-to-resident ratios, including: a. A rotating on-call employee who must be available twenty-four hours a day, seven days a week; and b. Regardless of awake or overnight hours, the shelter care program must have no fewer than one employee for each six residents in placement.

6. A shelter care program, utilizing nonemployees, shall: a. Ensure nonemployees are at least twenty years of age; b. Develop and provide a copy of a description of nonemployee duties and specified responsibilities; c. Designate an employee to supervise and evaluate nonemployees;

1. d. Develop a plan for the orientation and training of nonemployees, including the philosophy of the shelter care program and the needs of the residents and the residents' families;
2. e. Develop a policy stating nonemployees may support employees, but may not depend on nonemployees to carry out the duties of the certified shelter care program on a permanent basis;
3. f. Develop a policy stating nonemployees may be counted as an employee for purposes of employee-to-resident ratio requirements imposed by this chapter, if all equivalent training requirements are met;
4. g. Develop a policy stating nonemployees shall create records of incidents that occur during their presence at the shelter care program to the same extent employees are required to create such records; and
5. h. Conduct a criminal background check on all nonemployees with direct contact with residents.7. The shelter care program shall maintain a file on each employee; including:- a. Employment application, including a record of previous employment;
6. b. Results of an initial fingerprint-based criminal background check and subsequent background checks as determined necessary;
7. c. Results of the initial child abuse or neglect record, and annually thereafter;
8. d. A job description specifying the employee's roles and responsibilities;
9. e. A statement signed by the employee acknowledging the confidentiality policy;
10. f. Documentation of an annual training record detailing the date, topic, and length of presentation; and
11. g. Evidence of the employee having read and received a copy of the law and shelter program procedures requiring the reporting of suspected child abuse and neglect, initially upon hire and annually thereafter.8. The shelter care program shall maintain a file on each nonemployee, including:- a. Personal identification information;
12. b. The results of a criminal background check, motor vehicle operator's license record, as applicable, and child abuse or neglect record;
13. c. A description of duties;
14. d. Orientation and training records consisting of name of presenter, date of presentation, topic of presentation, and length of presentation;
15. e. A statement signed by the nonemployee indicating the nonemployee has read and received a copy of the law and facility procedures requiring the reporting of suspected child abuse and neglect pursuant to North Dakota Century Code chapter 50-25.1, initially and annually thereafter; and
16. f. A statement signed by the nonemployee acknowledging the confidentiality policy.9. The shelter program shall adopt a policy regarding the retention of employee and nonemployee files.

History: Effective January 1, 2022; amended effective April 1, 2024; October 1, 2024.

General Authority: NDCC 50-06-16

Law Implemented: NDCC 50-06-01.4, 50-06-01.10