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North Dakota Century Code Title 50. Public Welfare § 50-11.1-07. Investigation of applicant, licensee, holder of self-declaration or registration document, and staff members--Inspection of programs and premises--Maintenance of records--Confidentiality of records

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1. The department or its authorized agent at any time may investigate and inspect an early childhood program, or a holder of a self-declaration or registration document and the conditions of their premises, the qualifications of a provider of early childhood services, of current and prospective staff members, of any in-home provider or applicant seeking or holding a license, self-declaration, or registration document under this chapter.

2. Upon request of the department or its authorized agent, the state department of health or the state fire marshal, or the fire marshal's designee, shall inspect the premises for which a license or self-declaration is applied or issued and shall report the findings to the department or the department's authorized agent.

3. A licensee, holder of a self-declaration, or registrant shall:

a. Maintain records as the department prescribes regarding each child in the licensee's, holder's, or registrant's care and control, and shall report to the department or the department's authorized agent, when requested, upon forms furnished by the department, facts the department may require with reference to each child;

b. Admit for inspection the department or the department's authorized agent and open for examination all records, books, and reports;  and

c. Notify the parent of each child receiving early childhood services and all staff members of the process for reporting a complaint or a suspected licensing violation.

4. Except as provided in subsection 5, all records and information maintained with respect to any child receiving early childhood services are confidential and must be properly safeguarded and may not be disclosed except:

a. In a judicial proceeding;

b. To officers of the law or other legally constituted boards or agencies;  or

c. To persons having a definite interest in the well-being of the child concerned and who, in the judgment of the department, are in a position to serve the child's interests should that be necessary.

5. A provider of early childhood services, upon the request of the parent of a child for whom the provider provides such services, shall make available to the parent a list of the names, telephone numbers, and addresses of the parents of children for whom early childhood services are provided.  The list may include only the names, telephone numbers, electronic mail addresses, and addresses of parents who grant the provider permission to disclose that information.

6. The following information for early childhood services licensees, self-declarations, in-home providers, staff members, and adults residing in a home out of which early childhood services are provided is not confidential:

a. Name;

b. Address;

c. Telephone number;  and

d. Electronic mail address.

Cite this article: FindLaw.com - North Dakota Century Code Title 50. Public Welfare § 50-11.1-07. Investigation of applicant, licensee, holder of self-declaration or registration document, and staff members--Inspection of programs and premises--Maintenance of records--Confidentiality of records - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-50-public-welfare/nd-cent-code-sect-50-11-1-07.html


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