AN ACT to amend and reenact sections 50-11-03.2 and 50-11-07 of the North Dakota Century Code, relating to foster care homes for children and adults.
Summary
HB 1072 updates North Dakota law governing foster care homes for children and adults. The bill amends section 50-11-03.2 to clarify when public and nonfederal funds may be used for foster care placements, including a rule that public funds may be used only in facilities licensed, certified, or approved by the Department of Health and Human Services. It also preserves limited exceptions for certified shelter care placements and for maintenance payments to certain unlicensed relatives or kinship caregivers, as well as guardians approved for subsidy payments.
The bill also amends section 50-11-07, which governs denial or revocation of a foster care facility’s license or certification. It expands and clarifies the grounds on which the department may deny or revoke approval, including false or misleading information in an application, violations of department rules, certain child welfare court findings involving a foster parent’s household, and criminal convictions or lack of rehabilitation as determined by the department. Overall, the measure strengthens administrative oversight of foster care providers and clarifies eligibility and enforcement standards for state-regulated placements.
Impact
HB 1072 affects the administration of foster care licensing, certification, and payment rules under North Dakota Century Code chapter 50-11. It reinforces that state and local public funds may be used only for approved foster care settings, while preserving narrow exceptions for short-term shelter care and kinship care payments. It also gives the Department of Health and Human Services clear authority to deny or revoke licenses or certifications based on application misstatements, rule violations, certain child welfare findings, and criminal history considerations, thereby affecting foster care homes, caregivers, relatives providing kinship care, and guardians receiving subsidies.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House 92-0 and the Senate 47-0, indicating unanimous approval in both chambers. The absence of recorded committee testimony in the provided materials also suggests there was little visible opposition or public dispute around the measure.
Contention
No major points of contention are reflected in the available record. The only potentially sensitive issues are the department’s authority to deny or revoke licensure based on prior court findings involving a child removed from the home and on criminal convictions or rehabilitation determinations. Those provisions could raise concerns about discretion and fairness in individual cases, but the unanimous votes suggest legislators did not view them as controversial in this bill.